Illinois General Assembly - Full Text of HB0030
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Full Text of HB0030  97th General Assembly

HB0030ham002 97TH GENERAL ASSEMBLY

Rep. Lou Lang

Filed: 4/12/2011

 

 


 

 


 
09700HB0030ham002LRB097 03078 RLC 54424 a

1
AMENDMENT TO HOUSE BILL 30

2    AMENDMENT NO. ______. Amend House Bill 30, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Compassionate Use of Medical Cannabis Pilot Program Act.
 
7    Section 5. Findings.
8    (a) The recorded use of cannabis as a medicine goes back
9nearly 5,000 years. Modern medical research has confirmed the
10beneficial uses of cannabis in treating or alleviating the
11pain, nausea, and other symptoms associated with a variety of
12debilitating medical conditions, including cancer, multiple
13sclerosis, and HIV/AIDS, as found by the National Academy of
14Sciences' Institute of Medicine in March 1999.
15    (b) Studies published since the 1999 Institute of Medicine
16report continue to show the therapeutic value of cannabis in

 

 

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1treating a wide array of debilitating medical conditions. These
2include relief of the neuropathic pain caused by multiple
3sclerosis, HIV/AIDS, and other illnesses that often fail to
4respond to conventional treatments and relief of nausea,
5vomiting, and other side effects of drugs used to treat
6HIV/AIDS and hepatitis C, increasing the chances of patients
7continuing on life-saving treatment regimens.
8    (c) Cannabis has many currently accepted medical uses in
9the United States, having been recommended by thousands of
10licensed physicians to at least 600,000 patients in states with
11medical cannabis laws. The medical utility of cannabis is
12recognized by a wide range of medical and public health
13organizations, including the American Academy of HIV Medicine,
14the American College of Physicians, the American Nurses
15Association, the American Public Health Association, the
16Leukemia & Lymphoma Society, and many others.
17    (d) Data from the Federal Bureau of Investigation's Uniform
18Crime Reports and the Compendium of Federal Justice Statistics
19show that approximately 99 out of every 100 cannabis arrests in
20the U.S. are made under State law, rather than under federal
21law. Consequently, changing State law will have the practical
22effect of protecting from arrest the vast majority of seriously
23ill patients who have a medical need to use cannabis.
24    (e) Alaska, Arizona, California, Colorado, Hawaii, Maine,
25Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon,
26Vermont, Rhode Island, Washington State, and Washington, D.C.

 

 

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1have removed state-level criminal penalties from the medical
2use and cultivation of cannabis. Illinois joins in this effort
3for the health and welfare of its citizens.
4    (f) States are not required to enforce federal law or
5prosecute people for engaging in activities prohibited by
6federal law. Therefore, compliance with this act does not put
7the state of Illinois in violation of federal law.
8    (g) State law should make a distinction between the medical
9and non-medical uses of cannabis. Hence, the purpose of this
10Act is to protect patients with debilitating medical
11conditions, as well as their physicians and providers, from
12arrest and prosecution, criminal and other penalties, and
13property forfeiture if such patients engage in the medical use
14of cannabis.
 
15    Section 10. Definitions. The following terms, as used in
16this Act, shall have the meanings set forth in this Section:
17    (a) "Adequate supply" means:
18        (1) 2.5 ounces of usable cannabis during a period of 14
19    days and that is derived solely from an intrastate source;
20        (2) Subject to the rules of the Department, a patient
21    may apply for a waiver where a physician provides a
22    substantial medical basis in a signed, written statement
23    asserting that, based on the patient's medical history, in
24    the physician's professional judgment, 2.5 ounces is an
25    insufficient adequate supply for a 14-day period to

 

 

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1    properly alleviate the patient's debilitating medical
2    condition or symptoms associated with the debilitating
3    medical condition.
4    (b) "Cannabis" has the meaning given that term in Section 3
5of the Cannabis Control Act.
6    (c) "Cardholder" means a qualifying patient or a designated
7caregiver who has been issued and possesses a valid registry
8identification card.
9    (d) "Debilitating medical condition" means one or more of
10the following:
11        (1) cancer, glaucoma, positive status for human
12    immunodeficiency virus, acquired immune deficiency
13    syndrome, hepatitis C, amyotrophic lateral sclerosis,
14    Crohn's disease, agitation of Alzheimer's disease,
15    cachexia/wasting syndrome, muscular dystrophy, severe
16    fibromyalgia, spinal cord disease, including but not
17    limited to arachnoiditis, Tarlov cysts, hydromyelia,
18    syringomyelia, spinal cord injury, traumatic brain injury
19    and post-concussion syndrome, Multiple Sclerosis,
20    Arnold-Chiari malformation & Syringomyelia,
21    Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
22    Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
23    (Complex Regional Pain Syndromes Type I), Causalgia, CRPS
24    (Complex Regional Pain Syndromes Type II),
25    Neurofibromatosis, Chronic Inflammatory Demyelinating
26    Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial

 

 

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1    Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
2    syndrome, or the treatment of these conditions; or
3        (2) any other debilitating medical condition or its
4    treatment added by the Department, as provided for in
5    Section 30.
6    (e) "Department" means the Department of Public Health or
7its successor agency.
8    (f) "Designated caregiver" means a person who:
9        (1) is at least 21 years of age;
10        (2) has agreed to assist with a patient's medical use
11    of cannabis;
12        (3) has not been convicted of an excluded offense; and
13        (4) assists no more than one qualifying patient with
14    his or her medical use of cannabis.
15    (g) "Enclosed, locked facility" means a closet, room,
16greenhouse, building, or other enclosed area equipped with
17locks or other security devices that permit access only by a
18nonprofit medical cannabis organization's agents working for
19the registered nonprofit medical cannabis organization to
20cultivate the plants for a registered qualifying patient.
21    (h) "Excluded offense" means:
22        (1) a violent crime defined in Section 3 of the Rights
23    of Crime Victims and Witnesses Act or a substantially
24    similar offense that was classified as a felony in the
25    jurisdiction where the person was convicted; or
26        (2) a violation of a state or federal controlled

 

 

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1    substance law that was classified as a felony in the
2    jurisdiction where the person was convicted, except that
3    the Department shall waive this restriction if the person
4    demonstrates to the Department's satisfaction that his or
5    her conviction was for the possession, cultivation,
6    transfer, or delivery of a reasonable amount of cannabis
7    intended for medical use. This exception shall not apply if
8    the conviction was under state law and involved a violation
9    of an existing medical cannabis law.
10    (i) "Nonprofit medical cannabis organization agent" means
11a principal officer, board member, employee, or agent of a
12registered nonprofit medical cannabis organization who is 21
13years of age or older and has not been convicted of an excluded
14offense.
15    (j) "Nonprofit medical cannabis organization agent
16identification card" means a document issued by the Department
17that identifies a person as a nonprofit medical cannabis
18organization agent.
19    (k) "Medical use" means the acquisition; administration;
20delivery; possession; transportation; transfer;
21transportation; or use of cannabis or paraphernalia relating to
22the administration of cannabis to treat or alleviate a
23registered qualifying patient's debilitating medical condition
24or symptoms associated with the patient's debilitating medical
25condition.
26    (l) "Physician" means a doctor of medicine or doctor of

 

 

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1osteopathy licensed under the Medical Practice Act of 1987 to
2practice medicine in all its branches who has the authority to
3prescribe drugs to humans under Article III of the Illinois
4Controlled Substances Act. It does not include a licensed
5practitioner under any other Act including but not limited to
6the Illinois Dental Practice Act. In relation to a visiting
7qualifying patient, "physician" means a person who is licensed
8as a doctor of medicine or doctor of osteopathy who with
9authority to prescribe drugs to humans in the state of the
10patient's residence.
11    (m) "Qualifying patient" means a person who has been
12diagnosed by a physician as having a debilitating medical
13condition.
14    (n) "Registered nonprofit medical cannabis organization"
15means a not-for-profit entity that:
16        (1) is organized pursuant to the General Not for Profit
17    Corporation Act of 1986 provided that it has not been
18    formed by a for-profit entity organized under the laws of
19    this or any other state;
20        (2) is registered with the Department pursuant to
21    Section 65; and
22        (3) acquires, possesses, cultivates, manufactures,
23    delivers, transfers, transports, sells, supplies, or
24    dispenses cannabis, paraphernalia, or related supplies and
25    educational materials to registered qualifying patients.
26    Nothing in this subsection (n) shall be construed as

 

 

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1prohibiting a nonprofit medical cannabis organization from
2receiving payment for all expenses incurred in its operation.
3    (o) "Registry identification card" means a document issued
4by the Department that identifies a person as a registered
5qualifying patient or registered designated caregiver.
6    (p) "Usable cannabis" means the flowers of the cannabis
7plant and any mixture or preparation thereof, but does not
8include the seeds, stalks, and roots of the plant. It does not
9include the weight of any non-cannabis ingredients combined
10with cannabis, such as ingredients added to prepare a topical
11administration, food, or drink.
12    (q) "Verification system" means a Web-based system
13established and maintained by the Department that is available
14to law enforcement personnel and nonprofit medical cannabis
15organization agents on a 24-hour basis for the verification of
16registry identification cards.
17    (r) "Visiting qualifying patient" means a person who:
18        (1) has been diagnosed with a debilitating medical
19    condition;
20        (2) possesses a valid registry identification card, or
21    its equivalent, that was issued pursuant to the laws of
22    another state, district, territory, commonwealth, insular
23    possession of the United States, or country recognized by
24    the United States that allows the person to use cannabis
25    for medical purposes in the jurisdiction of issuance; and
26        (3) is not a resident of Illinois and has been visiting

 

 

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1    Illinois for 30 days or less or who has been a resident of
2    Illinois for less than 30 days.
3    (s) "Written certification" means a document dated and
4signed by a physician, stating (1) that in the physician's
5professional opinion the patient is likely to receive
6therapeutic or palliative benefit from the medical use of
7cannabis to treat or alleviate the patient's debilitating
8medical condition or symptoms associated with the debilitating
9medical condition; (2) that the qualifying patient has a
10debilitating medical condition and specifying what
11debilitating medical condition the qualifying patient has; and
12(3) that the patient is under the physician's care for the
13debilitating medical condition. A written certification shall
14be made only in the course of a bona fide physician-patient
15relationship, after the physician has completed an assessment
16of the qualifying patient's medical history upon a complete
17review of records related to the patient's debilitating
18condition and conducted a physical exam. A bona fide
19physician-patient relationship under this subsection is a
20privileged communication within the meaning of Section 8-802 of
21the Code of Civil Procedure.
 
22    Section 15. Immunities and presumptions related to the
23medical use of cannabis.
24    (a) A registered qualifying patient shall not be subject to
25arrest, prosecution, or denial of any right or privilege,

 

 

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1including but not limited to civil penalty or disciplinary
2action by an occupational or professional licensing board, for
3the medical use of cannabis in accordance with this Act, if the
4registered qualifying patient possesses an amount of cannabis
5that does not exceed an adequate supply as defined in
6subsection (a) of Section 10 of this Act of usable cannabis.
7    (b) A registered designated caregiver shall not be subject
8to arrest, prosecution, or denial of any right or privilege,
9including but not limited to civil penalty or disciplinary
10action by an occupational or professional licensing board, for
11acting in accordance with this Act to assist a registered
12qualifying patient to whom he or she is connected through the
13Department's registration process with the medical use of
14cannabis if the designated caregiver possesses an amount of
15cannabis that does not exceed an adequate supply as defined in
16subsection (a) of Section 10 of this Act of usable cannabis.
17The total amount possessed between the qualifying patient and
18caregiver shall not exceed the patient's adequate supply as
19defined in subsection (a) of Section 10 of this Act.
20    (c)(1) A visiting qualifying patient shall not be subject
21to arrest, prosecution, or denial of any right or privilege,
22including but not limited to civil penalty or disciplinary
23action by an occupational or professional licensing board, for
24the medical use of cannabis pursuant to this Act if the
25visiting qualifying patient does not possess more than an
26adequate supply of usable cannabis. A visiting qualifying

 

 

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1patient may not purchase cannabis from a nonprofit medical
2dispensary until he or she receives a written certification
3from an Illinois physician and an Illinois registry card as
4provided for under this Act.
5    (2) If a person in possession of no more than an adequate
6supply of usable cannabis claims to be a visiting qualifying
7patient, but the law enforcement agent is not able to verify
8the registry identification card or its equivalent or that the
9person has been in the State for 30 days or less, the agent may
10issue the visiting qualifying patient a summons for possession
11of cannabis. The summons shall be dismissed if the person
12demonstrates his or her status as a visiting qualifying
13patient.
14    (d) A registered qualifying patient, visiting qualifying
15patient, or registered designated caregiver shall not be
16subject to arrest, prosecution, or denial of any right or
17privilege, including but not limited to civil penalty or
18disciplinary action by a occupational or professional
19licensing board for possession of cannabis that is incidental
20to medical use, but is not usable cannabis as defined in this
21Act.
22    (e)(1) There shall be a rebuttable presumption that a
23qualifying patient is engaged in, or a designated caregiver is
24assisting with, the medical use of cannabis in accordance with
25this Act if the qualifying patient or designated caregiver:
26        (A) is in possession of a valid registry identification

 

 

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1    card; and
2        (B) is in possession of an amount of cannabis that does
3    not exceed the amount allowed under subsection (a) of
4    Section 10.
5    (2) The presumption may be rebutted by evidence that
6conduct related to cannabis was not for the purpose of treating
7or alleviating the qualifying patient's debilitating medical
8condition or symptoms associated with the debilitating medical
9condition in compliance with this Act.
10    (f) A physician shall not be subject to arrest,
11prosecution, or penalty in any manner, or denied any right or
12privilege, including but not limited to civil penalty or
13disciplinary action by the Medical Disciplinary Board or by any
14other occupational or professional licensing board, solely for
15providing written certifications or for otherwise stating
16that, in the physician's professional opinion, a patient is
17likely to receive therapeutic or palliative benefit from the
18medical use of cannabis to treat or alleviate the patient's
19debilitating medical condition or symptoms associated with the
20debilitating medical condition, provided that nothing shall
21prevent a professional licensing board from sanctioning a
22physician for:
23        (1) issuing a written certification to a patient who is
24    not under the physician's care for a debilitating medical
25    condition; or
26        (2) failing to properly evaluate a patient's medical

 

 

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1    condition or otherwise violating the standard of care for
2    evaluating medical conditions.
3    (g) No person may be subject to arrest, prosecution, or
4denial of any right or privilege, including but not limited to
5civil penalty or disciplinary action by an occupational or
6professional licensing board, solely for:
7        (1) selling cannabis paraphernalia to a cardholder
8    upon presentation of an unexpired registry identification
9    card in the recipient's name;
10        (2) being in the presence or vicinity of the medical
11    use of cannabis as allowed under this Act; or
12        (3) assisting a registered qualifying patient with the
13    act of administering cannabis.
14    (h) A registered nonprofit medical cannabis organization
15shall not be subject to prosecution; search or inspection,
16except by the Department pursuant to subsection (s) of Section
1785; seizure; or penalty in any manner, or be denied any right
18or privilege, including but not limited to civil penalty or
19disciplinary action by a business licensing board or entity,
20for acting pursuant to this Act and Department rules to:
21acquire, possess, cultivate, manufacture, deliver, transfer,
22transport, supply, sell, or dispense cannabis or related
23supplies and educational materials to registered qualifying
24patients who have designated the medical cannabis organization
25to provide for them, to registered designated caregivers on
26behalf of the registered qualifying patients who have

 

 

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1designated the registered nonprofit medical cannabis
2organization.
3    (i) A nonprofit medical cannabis organization agent shall
4not be subject to prosecution, search, or penalty in any
5manner, or be denied any right or privilege, including but not
6limited to civil penalty or disciplinary action by a business
7licensing board or entity, for working or volunteering for a
8registered nonprofit medical cannabis organization pursuant to
9this Act and Department rules, including to perform the actions
10listed under subsection (h).
11    (j) Any cannabis, cannabis paraphernalia, licit property,
12or interest in licit property that is possessed, owned, or used
13in connection with the medical use of cannabis as allowed under
14this Act, or acts incidental to such use, shall not be seized
15or forfeited. This Act shall not prevent the seizure or
16forfeiture of cannabis exceeding the amounts allowed under this
17Act, nor shall it prevent seizure or forfeiture if the basis
18for the action is unrelated to the cannabis that is possessed,
19manufactured, transferred, or used pursuant to this Act.
20    (k) Mere possession of, or application for, a registry
21identification card or registration certificate shall not
22constitute probable cause or reasonable suspicion, nor shall it
23be used as the sole basis to support the search of the person,
24property, or home of the person possessing or applying for the
25registry identification card. The possession of, or
26application for, a registry identification card shall not

 

 

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1preclude the existence of probable cause if probable cause
2exists on other grounds.
3    (l) Nothing in this Act shall preclude law enforcement from
4searching a registered nonprofit medical cannabis organization
5where there is probable cause to believe that the criminal laws
6of this State have been violated and the search is conducted in
7conformity with the Illinois Constitution and the Constitution
8of the United States.
 
9    Section 20. Limitations and penalties.
10    (a) This Act shall not permit any person to engage in, and
11does not prevent the imposition of any civil, criminal, or
12other penalties for engaging in, the following conduct:
13        (1) Undertaking any task under the influence of
14    cannabis, when doing so would constitute negligence or
15    professional malpractice;
16        (2) Possessing cannabis, or otherwise engaging in the
17    medical use of cannabis:
18            (A) in a school bus;
19            (B) on the grounds of any preschool or primary or
20        secondary school; or
21            (C) in any correctional facility.
22        (3) Smoking cannabis:
23            (A) on any form of public transportation; or
24            (B) in any public place.
25        (4) Operating, navigating, or being in actual physical

 

 

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1    control of any motor vehicle, aircraft, or motorboat while
2    under the influence of cannabis in violation of Sections
3    11-501 and 11-501.9 of the Illinois Vehicle Code.
4        (5) Using cannabis if that person does not have a
5    debilitating medical condition.
6        (6) Allowing any person who is not allowed to use
7    cannabis under this Act to use cannabis that a cardholder
8    is allowed to possess pursuant to this Act.
9        (7) Transferring cannabis to any person who is not
10    allowed to possess cannabis under this Act.
11    (b) Nothing in this Act shall be construed to prevent the
12arrest or prosecution of a registered qualifying patient for
13reckless driving or driving under the influence of cannabis
14where probable cause exists.
15    (c) Notwithstanding all other criminal penalties related
16to the unlawful possession of cannabis, fraudulent
17representation to a law enforcement official of any fact or
18circumstance relating to the medical use of cannabis to avoid
19arrest or prosecution is a petty offense punishable by a fine
20of up to $1,000, which shall be in addition to any other
21penalties that may apply for making a false statement or for
22the use of cannabis other than use undertaken pursuant to this
23Act.
24    (d) Notwithstanding all other criminal penalties related
25to the unlawful possession of cannabis, any person who
26fraudulently represents a medical condition to a physician or

 

 

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1fraudulently provides material misinformation to a physician
2in order to obtain written certification is guilty of a petty
3offense punishable by a fine of up to $1,000.
4    (e) Any cardholder who sells cannabis to a person who is
5not allowed to possess cannabis for medical purposes under this
6Act shall have his or her registry identification card revoked
7and shall be subject to other penalties for the unauthorized
8sale of cannabis.
9    (f) Any registered qualifying patient who commits a
10violation of 11-501.9 of the Illinois Vehicle Code or refuses a
11properly requested test related to operating a motor vehicle
12while under the influence of cannabis shall have his or her
13registry identification card revoked.
 
14    Section 25. Discrimination prohibited.
15    (a)(1) No school, employer, or landlord may refuse to
16enroll or lease to, or otherwise penalize, a person solely for
17his or her status as a registered qualifying patient or a
18registered designated caregiver, unless failing to do so would
19put the school, employer, or landlord in violation of federal
20law or unless failing to do so would cause it to lose a
21monetary or licensing-related benefit under federal law or
22rules. This shall not prevent a landlord from prohibiting the
23smoking of cannabis on the premises.
24    (2) For the purposes of medical care, including organ
25transplants, a registered qualifying patient's authorized use

 

 

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1of cannabis in accordance with this Act shall be considered the
2equivalent of the authorized use of any other medication used
3at the direction of a physician, and shall not constitute the
4use of an illicit substance or otherwise disqualify a
5qualifying patient from needed medical care.
6    (b) A person otherwise entitled to custody of or visitation
7or parenting time with a minor shall not be denied such a
8right, and there shall be no presumption of neglect or child
9endangerment, for conduct allowed under this Act, unless the
10person's actions in relation to cannabis were such that they
11created an unreasonable danger to the safety of the minor as
12established by clear and convincing evidence.
13    (c) No school, landlord, or employer may be penalized or
14denied any benefit under state law for enrolling, leasing to,
15or employing a cardholder.
16    (d) Nothing in this Act may be construed to require a
17government medical assistance program or private health
18insurer to reimburse a person for costs associated with the
19medical use of cannabis.
20    (e) Nothing in this Act may be construed to require any
21person or establishment in lawful possession of property to
22allow a guest, client, customer, or visitor to smoke cannabis
23on or in that property.
 
24    Section 30. Addition of debilitating medical conditions.
25Any citizen may petition the Department to add debilitating

 

 

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1conditions or treatments to the list of debilitating medical
2conditions listed in subsection (d) of Section 10. The
3Department shall consider petitions in the manner required by
4Department rule, including public notice and hearing. The
5Department shall approve or deny a petition within 180 days of
6its submission. The approval or denial of any petition is a
7final decision of the Department, subject to judicial review.
8Jurisdiction and venue are vested in the Circuit Court.
 
9    Section 35. Employment; employer liability.
10    (a) Nothing in this Act shall prohibit an employer from
11adopting reasonable regulations concerning the consumption,
12storage, or timekeeping requirements for qualifying patients
13related to the use of medical cannabis.
14    (b) Nothing in this Act shall prohibit an employer from
15enforcing a policy concerning drug testing, zero-tolerance, or
16a drug free workplace provided such policy is applied in a
17nondiscriminatory manner.
18    (c) Nothing in this Act shall limit an employer from
19disciplining a qualifying patient for violating a workplace
20drug policy.
21    (d) Nothing in this Act shall limit an employer's ability
22to discipline an employee for failing a drug test if failing to
23do so would put the employer in violation of federal law or
24cause it to lose a federal contract or funding.
25    (e) Nothing in this Act shall be construed to create a

 

 

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1defense for a third party who fails a drug test.
2    (f) An employer may consider a qualifying patient to be
3impaired when he or she manifests specific, articulable
4symptoms while working that decrease or lessen his or her
5performance of the duties or tasks of the employee's job
6position, including symptoms of the employee's speech,
7physical dexterity, agility, coordination, demeanor,
8irrational or unusual behavior, negligence or carelessness in
9operating equipment or machinery, disregard for the safety of
10the employee or others, or involvement in an accident that
11results in serious damage to equipment or property, disruption
12of a production or manufacturing process, or carelessness that
13results in any injury to the employee or others. If an employer
14elects to discipline a qualifying patient under this
15subsection, it must afford the employee a reasonable
16opportunity to contest the basis of the determination.
17    (g) Notwithstanding subsection (b), an employer may
18presume a registered qualifying patient to be impaired where
19the level of cannabis in the person's blood or urine is greater
20than the limits set for in subsection (b) of Section 11-501.9
21of the Illinois Vehicle Code.
22    (h) Nothing in this Act shall be construed to create or
23imply a cause of action for any person against an employer for:
24        (1) actions based on the employer's good faith belief
25    that a registered qualifying patient used or possessed
26    cannabis while on the employer's premises or during the

 

 

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1    hours of employment;
2        (2) actions based on the employer's good faith belief
3    that a registered qualifying patient was impaired while
4    working on the employer's premises during the hours of
5    employment;
6        (3) injury or loss to a third party so long as the
7    employer neither knew nor had reason to know that the
8    employee was impaired.
9    (i) Nothing in this Act shall be construed to interfere
10with any federal restrictions on employment including but not
11limited to the United States Department of Transportation
12regulation 49 CFR 40.151(e).
 
13    Section 40. Registration of qualifying patients and
14designated caregivers.
15    (a) The Department shall issue registry identification
16cards to qualifying patients who submit the following, in
17accordance with the Department's rules:
18        (1) a written certification, on a form developed by the
19    Department and issued by a physician, within 90 days
20    immediately preceding the date of an application;
21        (2) upon the execution of applicable privacy waivers,
22    the patient's medical documentation related to his or her
23    debilitating condition and any other information that may
24    be reasonably required by the Department to confirm that
25    the physician and patient have a bona fide

 

 

09700HB0030ham002- 22 -LRB097 03078 RLC 54424 a

1    physician-patient relationship, that the qualifying
2    patient is in the physician's care for his or her
3    debilitating medical condition, and to substantiate the
4    patient's diagnosis;
5        (3) the application or renewal fee;
6        (4) the name, address, and date of birth of the
7    qualifying patient, except that if the applicant is
8    homeless no address is required;
9        (5) the name, address, and telephone number of the
10    qualifying patient's physician;
11        (6) the name, address, and date of birth of the
12    designated caregiver, if any, chosen by the qualifying
13    patient;
14        (7) the name of the registered nonprofit medical
15    cannabis organization the qualifying patient designates;
16    and
17        (8) signed statements from the patient and designated
18    caregiver asserting that they will not divert medical
19    cannabis.
 
20    Section 45. Issuance of registry identification cards.
21    (a) Except as provided in subsection (b), the Department
22shall:
23        (1) Verify the information contained in an application
24    or renewal submitted pursuant to this Act, and approve or
25    deny an application or renewal, within 30 days of receiving

 

 

09700HB0030ham002- 23 -LRB097 03078 RLC 54424 a

1    a completed application or renewal application.
2        (2) Issue registry identification cards to a
3    qualifying patient and his or her designated caregiver, if
4    any, within 5 days of approving the application or renewal.
5        (3) Enter the registry identification number of the
6    registered nonprofit medical cannabis organization the
7    patient designates into the verification system.
8    (b) The Department shall not issue a registry
9identification card to a qualifying patient who is younger than
1018 years of age unless:
11        (1) the qualifying patient's physician has explained
12    the potential risks and benefits of the medical use of
13    cannabis to the custodial parent or legal guardian with
14    responsibility for health care decisions for the
15    qualifying patient; and
16        (2) the custodial parent or legal guardian with
17    responsibility for health care decisions for the
18    qualifying patient consents in writing to:
19            (A) allow the qualifying patient's medical use of
20        cannabis;
21            (B) serve as the qualifying patient's designated
22        caregiver; and
23            (C) control the acquisition of the cannabis, the
24        dosage, and the frequency of the medical use of
25        cannabis by the qualifying patient.
26    (c) The registry identification card of or its equivalent

 

 

09700HB0030ham002- 24 -LRB097 03078 RLC 54424 a

1that is issued under the laws of another state, district,
2territory, commonwealth, or insular possession of the United
3States that allows that visiting qualifying patient to possess
4or use medical cannabis shall not authorize a visiting
5qualifying patient to obtain cannabis from a registered
6nonprofit medical cannabis dispensary.
7    (d) A veteran who has received treatment at a VA hospital
8may have a bona fide physician-patient relationship so long as
9the doctor has taken over an aspect of care related to the
10debilitating condition and the patient meets all other
11statutory requirements. All reasonable inferences regarding
12the existence of a bona fide physician-patient relationship
13shall be drawn in favor of any applicant who is a veteran and
14has undergone treatment at a VA hospital.
15    (e) Upon the approval of the registration and issuance of a
16registry card under this Section, the Department shall forward
17the patient's drivers license number to the Secretary of State
18and certify that the individual is permitted to engage in the
19medical use of cannabis. For the purposes of law enforcement,
20the Secretary of State shall make a notation on the person's
21driving record stating the person is a qualifying patient who
22is entitled to the lawful medical use of cannabis. If the
23person no longer holds a valid registry card, the Department
24shall notify the Secretary of State and the Secretary of State
25shall remove the notation from the person's driving record. The
26Department and the Secretary of State may establish a system by

 

 

09700HB0030ham002- 25 -LRB097 03078 RLC 54424 a

1which such information may be shared electronically.
 
2    Section 50. Denial of registry identification cards.
3    (a) The Department may deny an application or renewal of a
4qualifying patient's registry identification card only if the
5applicant:
6        (1) did not provide the required information and
7    materials;
8        (2) previously had a registry identification card
9    revoked;
10        (3) did not meet the requirements of this Act; or
11        (4) provided false or falsified information.
12    (b) The Department may deny an application or renewal for a
13designated caregiver chosen by a qualifying patient whose
14registry identification card was granted only if:
15        (1) the designated caregiver does not meet the
16    requirements of subsection (i) of Section 10;
17        (2) the applicant did not provide the information
18    required;
19        (3) the prospective patient's application was denied;
20        (4) the designated caregiver previously had a registry
21    identification card revoked; or
22        (5) the applicant or the designated caregiver provided
23    false or falsified information.
24    (c) The Department shall conduct a background check of the
25prospective designated caregiver in order to carry out this

 

 

09700HB0030ham002- 26 -LRB097 03078 RLC 54424 a

1provision. Each person applying as a designated caregiver shall
2submit a full set of fingerprints to the Department for the
3purpose of obtaining a state and federal criminal records
4check. The Department may exchange this data with the Federal
5Bureau of Investigation without disclosing that the records
6check is related to this Act. The Department shall destroy each
7set of fingerprints after the criminal records check is
8completed.
9    (d) The Department shall notify the qualifying patient who
10has designated someone to serve as his or her designated
11caregiver if a registry identification card will not be issued
12to the designated caregiver.
13    (e) Denial of an application or renewal is considered a
14final Department action, subject to judicial review.
15Jurisdiction and venue for judicial review are vested in the
16Circuit Court.
 
17    Section 55. Registry identification cards. A qualifying
18patient or designated caregiver must keep their registry
19identification card in their possession at all times when
20engaging in the medical use of cannabis.
21    (a) Registry identification cards shall contain all of the
22following:
23        (1) the name of the cardholder;
24        (2) a designation of whether the cardholder is a
25    designated caregiver or qualifying patient;

 

 

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1        (3) the date of issuance and expiration date of the
2    registry identification card;
3        (4) a random 10-digit alphanumeric identification
4    number, containing at least 4 numbers and at least 4
5    letters, that is unique to the cardholder;
6        (5) if the cardholder is a designated caregiver, the
7    random 10-digit alphanumeric identification number of the
8    qualifying patient the designated caregiver is receiving
9    the registry identification card to assist; and
10        (6) a photograph of the cardholder, if the Department's
11    rules require one.
12    (b) Except as provided in this subsection, the expiration
13date shall be one year after the date of issuance.
14    (c) The Department may, at its discretion, electronically
15store in the card any or all of the information listed in
16subsection (a), along with the address and date of birth of the
17cardholder, to allow it to be read by law enforcement agents.
 
18    Section 60. Notifications to Department and responses;
19civil penalty.
20    (a) The following notifications and Department responses
21are required:
22        (1) A registered qualifying patient shall notify the
23    Department of any change in his or her name or address, or
24    if the registered qualifying patient ceases to have his or
25    her debilitating medical condition, within 10 days of the

 

 

09700HB0030ham002- 28 -LRB097 03078 RLC 54424 a

1    change.
2        (2) A registered designated caregiver shall notify the
3    Department of any change in his or her name or address, or
4    if the designated caregiver becomes aware the qualifying
5    patient passed away, within 10 days of the change.
6        (3) Before a registered qualifying patient changes his
7    or her designated caregiver, the qualifying patient must
8    notify the Department.
9        (4) If a cardholder loses his or her registry
10    identification card, he or she shall notify the Department
11    within 10 days of becoming aware the card has been lost.
12    (b) When a cardholder notifies the Department of items
13listed in subsection (a), but remains eligible under this Act,
14the Department shall issue the cardholder a new registry
15identification card with a new random 10-digit alphanumeric
16identification number within 10 days of receiving the updated
17information and a $20 fee. If the person notifying the
18Department is a registered qualifying patient, the Department
19shall also issue his or her registered designated caregiver, if
20any, a new registry identification card within 10 days of
21receiving the updated information.
22    (c) If a registered qualifying patient ceases to be a
23registered qualifying patient or changes his or her registered
24designated caregiver, the Department shall promptly notify the
25designated caregiver. The registered designated caregiver's
26protections under this Act as to that qualifying patient shall

 

 

09700HB0030ham002- 29 -LRB097 03078 RLC 54424 a

1expire 15 days after notification by the Department.
2    (d) A cardholder who fails to make a notification to the
3Department that is required by this Section is subject to a
4civil infraction, punishable by a penalty of no more than $150.
5    (e) A registered qualifying patient shall notify the
6Department before changing his or her designated registered
7nonprofit medical cannabis organization and pay a $20 fee. The
8Department must, within 5 business days of receiving the
9notification, update the registered qualifying patient's entry
10in the identification registry system to reflect the change in
11designation and notify the patient that the change has been
12processed.
13    (f) If the registered qualifying patient's certifying
14physician notifies the Department in writing that either the
15registered qualifying patient has ceased to suffer from a
16debilitating medical condition or that the physician no longer
17believes the patient would receive therapeutic or palliative
18benefit from the medical use of cannabis, the card shall become
19null and void. However, the registered qualifying patient shall
20have 15 days to destroy his or her remaining medical cannabis
21and related paraphernalia.
 
22    Section 65. Registration of nonprofit medical cannabis
23organization.
24    (a) Nonprofit medical cannabis organizations may only
25operate if they have been issued a valid registration

 

 

09700HB0030ham002- 30 -LRB097 03078 RLC 54424 a

1certificate from the Department. When applying for a nonprofit
2medical cannabis organization registration certificate, the
3applicant shall submit the following in accordance with
4Department rules:
5        (1) A $25,000 application fee, a $25,000 renewal fee in
6    year 2, and a $5,000 fee for application renewals in year
7    3. Such fees may be adjusted subject to the discretion of
8    the Department in order to adequately fund the
9    implementation and enforcement of this Act.
10        (2) The proposed legal name of the medical cannabis
11    organization.
12        (3) The proposed physical address of the medical
13    cannabis organization.
14        (4) If the nonprofit medical cannabis organization
15    proposes additional locations where cannabis will be
16    cultivated, harvested, packaged, labeled, or otherwise
17    prepared for distribution by the medical cannabis
18    organization, the physical address. In such case that the
19    cannabis will be cultivated at any other location than
20    listed in paragraph (3), the medical cannabis organization
21    shall apply for a variance which is subject to the
22    discretion of the Department.
23        (5) The name, address, and date of birth of each
24    principal officer and board member of the medical cannabis
25    organization, provided that all such individuals shall be
26    at least 21 years of age.

 

 

09700HB0030ham002- 31 -LRB097 03078 RLC 54424 a

1        (6) Any instances in which a business or not-for-profit
2    that any of the prospective board members managed or served
3    on the board of was convicted, fined, censured, or had a
4    registration or license suspended or revoked in any
5    administrative or judicial proceeding.
6        (7) Proposed operating by-laws that include procedures
7    for the oversight of the nonprofit medical cannabis
8    organization and procedures to ensure accurate record
9    keeping and security measures that are in accordance with
10    the rules issued by the Department pursuant to this Act.
11    The by-laws shall include a description of the enclosed,
12    locked facility where medical cannabis will be grown,
13    cultivated, harvested, packaged, labeled, or otherwise
14    prepared for distribution by the medical cannabis
15    organization.
16        (8) Signed statements from each nonprofit medical
17    cannabis organization agent stating that they will not
18    divert medical cannabis.
19        (9) The Department shall conduct a background check of
20    the prospective nonprofit medical cannabis organization
21    agents in order to carry out this provision. Each person
22    applying as a nonprofit medical cannabis organization
23    agent shall submit a full set of fingerprints to the
24    department for the purpose of obtaining a state and federal
25    criminal records check. The Department may exchange this
26    data with the Federal Bureau of Investigation without

 

 

09700HB0030ham002- 32 -LRB097 03078 RLC 54424 a

1    disclosing that the records check is related to this Act.
2    The Department shall destroy each set of fingerprints after
3    the criminal records check is completed.
4    (b) An application for a medical cannabis organization
5registration certificate must be denied if any of the following
6conditions are met:
7        (A) the applicant failed to submit the materials
8    required by this Section, including if the applicant's
9    plans do not satisfy the security, oversight, or
10    recordkeeping rules issued by the Department;
11        (B) the applicant would not be in compliance with local
12    zoning rules issued in accordance with Section 80;
13        (C) the applicant does not meet the requirements of
14    Section 90;
15        (D) one or more of the prospective principal officers
16    or board members has been convicted of an excluded offense;
17        (E) one or more of the prospective principal officers
18    or board members has served as a principal officer or board
19    member for a registered nonprofit medical cannabis
20    organization that has had its registration certificate
21    revoked; and
22        (F) one or more of the principal officers or board
23    members is younger than 21 years of age.
24    (c) After a medical cannabis organization is approved, but
25before it begins operations, it shall submit its physical
26address if the address was not finalized when it applied.

 

 

09700HB0030ham002- 33 -LRB097 03078 RLC 54424 a

1    (d) When issuing a medical cannabis organization
2registration certificate, the Department shall also issue a
3renewable registration certificate with an identification
4number.
5    (e) The Department may approve no more than one application
6for a medical cannabis organization registration certificate
7for operation within any single Illinois State Senate district
8as determined by the districts that were in existence as of
9January 1, 2011.
 
10    Section 70. Nonprofit medical cannabis organization agent
11identification cards.
12    (a) A nonprofit medical cannabis organization agent must
13keep his or her identification card in their possession at all
14times when engaging in the medical use of cannabis related to
15dispensary operations.
16    (b) Nonprofit medical cannabis organization agent
17identification cards shall contain all of the following:
18        (1) the name of the cardholder;
19        (2) a designation the cardholder is a nonprofit medical
20    cannabis organization agent;
21        (3) the date of issuance and expiration date of the
22    nonprofit medical cannabis organization agent
23    identification cards;
24        (4) a random 10-digit alphanumeric identification
25    number, containing at least four numbers and at least four

 

 

09700HB0030ham002- 34 -LRB097 03078 RLC 54424 a

1    letters, that is unique to the cardholder; and
2        (5) a photograph of the cardholder, if the Department's
3    rules require one.
 
4    Section 75. Nonprofit medical cannabis organization
5certification renewal. Registration certificates may be
6renewed subject to the rule of the Department. The registered
7nonprofit medical cannabis organization may submit a renewal
8application beginning 90 days prior to the expiration of its
9registration certificate. The Department shall grant a renewal
10application within 45 days of its submission if the following
11conditions are all satisfied:
12    (a) The registered nonprofit medical cannabis organization
13or submits a renewal application and the required renewal fee,
14which shall be refunded within 60 days if the renewal
15application is rejected.
16    (b) The Department has not suspended the registered
17nonprofit medical cannabis organization or registration
18certificate for violations of this Act or rules adopted
19pursuant to this Act.
20    (c) The inspections authorized by subsection (s) of Section
2185 and the input the Department received from stakeholders
22pursuant to subsection (b) of Section 105 do not raise serious
23and credible concerns about the continued operation of the
24registered nonprofit medical cannabis organization or applying
25for renewal.
 

 

 

09700HB0030ham002- 35 -LRB097 03078 RLC 54424 a

1    Section 80. Local ordinances. A unit of local government
2may enact reasonable zoning ordinances or resolutions, not in
3conflict with this Act or with Department rules, regulating
4registered nonprofit medical cannabis organizations. No unit
5of local government, including a home rule unit, or school
6district may regulate registered nonprofit medical cannabis
7organizations other than as provided in this Act. This Section
8is a denial and limitation under subsection (i) of Section 6 of
9Article VII of the Illinois Constitution on the concurrent
10exercise by home rule units of powers and functions exercised
11by the State.
 
12    Section 85. Requirements; prohibitions; penalties.
13    (a) The operating documents of a registered nonprofit
14medical cannabis organization shall include procedures for the
15oversight of the registered nonprofit medical cannabis
16organization and procedures to ensure accurate recordkeeping.
17    (b) A registered nonprofit medical cannabis organization
18shall implement appropriate security measures to deter and
19prevent the theft of cannabis and unauthorized entrance into
20areas containing cannabis.
21    (c) A registered nonprofit medical cannabis organization
22may not be located within 2,500 feet of the property line of a
23pre-existing public or private preschool or elementary or
24secondary school or day care center, day care home, group day

 

 

09700HB0030ham002- 36 -LRB097 03078 RLC 54424 a

1care home, or part day child care facility. A registered
2medical cannabis organization shall not be located in a house,
3apartment, condominium, or any other residential dwelling.
4    (d) A registered nonprofit medical cannabis organization
5is prohibited from acquiring, possessing, cultivating,
6manufacturing, delivering, transferring, transporting,
7supplying, or dispensing cannabis for any purpose except to
8assist registered qualifying patients with the medical use of
9cannabis directly or through the qualifying patients'
10designated caregivers.
11    (e) All cultivation of cannabis for registered nonprofit
12medical cannabis organizations must take place in an enclosed,
13locked location at the physical address or addresses provided
14to the Department during the registration process. The
15cultivation location can only be accessed by medical cannabis
16organization agents working for the registered nonprofit
17medical cannabis organization, Department staff performing
18inspections, law enforcement or other emergency personnel, and
19contractors working on jobs unrelated to medical cannabis, such
20as installing or maintaining security devices or performing
21electrical wiring.
22    (f) A nonprofit medical cannabis organization may not
23obtain cannabis from outside the State of Illinois, except that
24a nonprofit medical cannabis organization may lawfully
25purchase cannabis seeds outside of the State of Illinois once
26upon the initial approval of its application under Section 65.

 

 

09700HB0030ham002- 37 -LRB097 03078 RLC 54424 a

1    (g) A registered nonprofit medical cannabis organization
2shall not dispense more than 2.5 ounces of cannabis to a
3registered qualifying patient, directly or via a designated
4caregiver, in any 14-day period unless the qualifying patient
5has a Department approved quantity variance.
6    (h) Before cannabis may be dispensed to a designated
7caregiver or a registered qualifying patient, a nonprofit
8medical cannabis organization agent must determine that the
9individual is a current cardholder in the verification system
10and must verify each of the following:
11        (1) that the registry identification card presented to
12    the registered nonprofit medical cannabis organization is
13    valid;
14        (2) that the person presenting the card is the person
15    identified on the registry identification card presented
16    to the medical cannabis organization agent;
17        (3) that the registered nonprofit medical cannabis
18    organization is the designated medical cannabis
19    organization for the registered qualifying patient who is
20    obtaining the cannabis directly or via his or her
21    designated caregiver; and
22        (4) that the qualifying patient has not exceeded his or
23    her adequate supply.
24    (i) Registered nonprofit medical cannabis organizations
25shall ensure compliance with this limitation by maintaining
26internal, confidential records that include records specifying

 

 

09700HB0030ham002- 38 -LRB097 03078 RLC 54424 a

1how much cannabis is being dispensed to the registered
2qualifying patient and whether it was dispensed directly to the
3registered qualifying patient or to the designated caregiver.
4Each entry must include the date and time the cannabis was
5dispensed.
6    (j) The physician-patient privilege as set forth by Section
78-802 of the Code of Civil Procedure shall apply between a
8qualifying patient and a registered nonprofit medical cannabis
9organization and its agents with respect to communications and
10records concerning qualifying patients' debilitating
11conditions.
12    (k) A nonprofit medical cannabis organization shall not
13permit any person to consume cannabis on the property of a
14nonprofit medical cannabis organization.
15    (l) A registered nonprofit medical cannabis organization
16shall not share office space with or refer patients to a
17physician.
18    (m) A physician shall not refer patients to a registered
19nonprofit medical cannabis organization or registered
20designated caregiver, advertise in a registered nonprofit
21medical cannabis organization, or, if the physician issues
22written certifications, hold any financial interest in a
23registered nonprofit medical cannabis organization.
24    (n) No person who has been convicted of an excluded offense
25may be a nonprofit medical cannabis organization agent.
26    (o) Notwithstanding all other criminal penalties related

 

 

09700HB0030ham002- 39 -LRB097 03078 RLC 54424 a

1to the unlawful possession of cannabis, the Department may
2issue a civil fine of up to $3,000 for violations of this
3Section.
4    (p) The Department may suspend or revoke a registration
5certificate for violations of this Act and rules issued in
6accordance with this Section.
7    (q) The suspension or revocation of a certificate is a
8final Department action, subject to judicial review.
9Jurisdiction and venue for judicial review are vested in the
10Circuit Court.
11    (r) Registered nonprofit medical cannabis organizations
12are subject to random inspection and cannabis testing by
13Department rules. The Department shall give reasonable notice
14of an inspection or testing under this subsection.
 
15    Section 90. Confidentiality.
16    (a) The following information received and records kept by
17Department rules for purposes of administering this Act are
18subject to all applicable federal privacy laws, confidential,
19and exempt from the Freedom of Information Act, and not subject
20to disclosure to any individual or public or private entity,
21except as necessary for authorized employees of the Department
22to perform official duties pursuant to this Act:
23        (1) Applications and renewals, their contents, and
24    supporting information submitted by qualifying patients
25    and designated caregivers, including information regarding

 

 

09700HB0030ham002- 40 -LRB097 03078 RLC 54424 a

1    their designated caregivers and physicians.
2        (2) Applications and renewals, their contents, and
3    supporting information submitted by or on behalf of
4    nonprofit medical cannabis organizations in compliance
5    with this Act, including their physical addressees.
6        (3) The individual names and other information
7    identifying persons to whom the Department has issued
8    registry identification cards.
9        (4) Any dispensing information required to be kept
10    under Section 85 or Department rules shall identify
11    cardholders and registered nonprofit medical cannabis
12    organizations by their registry identification numbers and
13    not contain names or other personally identifying
14    information.
15        (5) All medical records provided to the Department in
16    connection with an application for a registry card.
17    (b) Nothing in this Section precludes the following:
18        (1) Department employees may notify law enforcement
19    about falsified or fraudulent information submitted to the
20    Department if the employee who suspects that falsified or
21    fraudulent information has been submitted conferred with
22    his or her supervisor and both agree that circumstances
23    exist that warrant reporting.
24        (2) If the employee conferred with his or her
25    supervisor and both agree that circumstances exist that
26    warrant reporting, Department employees may notify the

 

 

09700HB0030ham002- 41 -LRB097 03078 RLC 54424 a

1    Medical Disciplinary Board if there is reasonable cause to
2    believe a physician:
3            (A) issued a written certification without a bona
4        fide physician-patient relationship;
5            (B) issued a written certification to a person who
6        was not under the physician's care for the debilitating
7        medical condition; or
8            (C) failed to abide by the standard of care when
9        evaluating medical conditions.
10        (3) The Department may notify State or local law
11    enforcement about apparent criminal violations of this Act
12    if the employee who suspects the offense has conferred with
13    his or her supervisor and both agree that circumstances
14    exist that warrant reporting.
15        (4) Nonprofit medical cannabis organization agents may
16    notify the Department of a suspected violation or attempted
17    violation of this Act or the rules issued pursuant to it.
18        (5) The Department may verify registry identification
19    cards pursuant to Section 95.
20        (6) The submission of the report to the General
21    Assembly under Section 100.
22    (c) It is a Class B misdemeanor with a $1,000 fine for any
23person, including an employee or official of the Department or
24another State agency or local government, to breach the
25confidentiality of information obtained pursuant to this Act.
 

 

 

09700HB0030ham002- 42 -LRB097 03078 RLC 54424 a

1    Section 95. Registry identification and registration
2certificate verification.
3    (a) The Department shall maintain a confidential list of
4the persons to whom the Department has issued registry
5identification cards and their addresses, phone numbers, and
6registry identification numbers. This confidential list shall
7not be combined or linked in any manner with any other list or
8database except as provided in this Section.
9    (b) Within 180 days of the effective date of this Act, the
10Department shall establish a computerized verification system.
11The verification system must allow law enforcement personnel
12and nonprofit medical cannabis organization agents to enter a
13registry identification number to determine whether or not the
14number corresponds with a current, valid registry
15identification card. The system shall only disclose whether the
16identification card is valid; whether the cardholder is a
17registered qualifying patient or a registered designated
18caregiver; and the registry identification number of the
19registered nonprofit medical cannabis organization designated
20to serve the registered qualifying patient who holds the card
21or the registry identification number of the patient who is
22assisted by the registered designated caregiver who holds the
23card. The system shall enable nonprofit medical cannabis to
24enter information in the system sufficient to track the amount
25of medical cannabis dispensed to the qualifying patient.
26Notwithstanding any requirements established by this

 

 

09700HB0030ham002- 43 -LRB097 03078 RLC 54424 a

1subsection, the Department shall issue registry cards to
2qualifying patients and shall issue certification to nonprofit
3medical cannabis organization for the period during which the
4database is being established.
 
5    Section 100. Annual reports. The Department shall submit
6to the General Assembly an annual report that does not disclose
7any identifying information about cardholders, registered
8nonprofit medical cannabis organizations, or physicians, but
9does contain, at a minimum, all of the following information:
10        (1) the number of applications and renewals filed for
11    registry identification cards;
12        (2) the number of qualifying patients and designated
13    caregivers approved in each county;
14        (3) the nature of the debilitating medical conditions
15    of the qualifying patients;
16        (4) the number of registry identification cards
17    revoked for misconduct;
18        (5) the number of physicians providing written
19    certifications for qualifying patients; and
20        (6) the number of registered nonprofit medical
21    cannabis organizations.
 
22    Section 105. Department to issue rules.
23    (a) Not later than 60 days after the effective date of this
24Act, the Department shall promulgate rules:

 

 

09700HB0030ham002- 44 -LRB097 03078 RLC 54424 a

1        (1) governing the manner in which the Department shall
2    consider petitions from the public to add debilitating
3    medical conditions or treatments to the list of
4    debilitating medical conditions set forth in subsection
5    (d) of Section 10 of this Act, including public notice of
6    and an opportunity to comment in public hearings on the
7    petitions;
8        (2) establishing the form and content of registration
9    and renewal applications submitted under this Act,
10    including a standard form for written certifications;
11        (3) governing the manner in which it shall consider
12    applications for and renewals of registry identification
13    cards, including developing separate requirements, fees,
14    and applications for temporary registry identification
15    cards for visiting qualifying patients wishing to obtain
16    cannabis from registered nonprofit medical cannabis
17    organizations;
18        (4) governing the following matters related to
19    registered nonprofit medical cannabis organizations, with
20    the goal of protecting against diversion and theft, without
21    imposing an undue burden on the registered nonprofit
22    medical cannabis organizations or compromising the
23    confidentiality of cardholders:
24            (A) oversight requirements for nonprofit
25        registered nonprofit medical cannabis organizations;
26            (B) recordkeeping requirements for registered

 

 

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1        nonprofit medical cannabis organizations;
2            (C) security requirements for registered nonprofit
3        medical cannabis organizations, which shall include
4        that each registered nonprofit medical cannabis
5        organization location must be protected by a fully
6        operational security alarm system;
7            (D) rules and standards for what constitutes an
8        enclosed locked facility under this Act;
9            (E) procedures for suspending or terminating the
10        registration certificates or registry identification
11        cards of cardholders, and registered nonprofit medical
12        cannabis organizations that commit multiple or serious
13        violations of the provisions of this Act or the rules
14        promulgated pursuant to this Section;
15            (F) reasonable rules concerning the medical use of
16        cannabis at a nursing care institution, hospice,
17        assisted living center, assisted living facility,
18        assisted living home, residential care institution, or
19        adult day health care facility;
20            (G) limitations of the quantity of cannabis plants
21        a dispensary may possess at one time provided that no
22        dispensary is authorized to possess more plants than
23        are reasonably necessary to satisfy the adequate
24        supply of the patients who have designated that
25        dispensary as his or her provider;
26            (H) rules concerning the intrastate transportation

 

 

09700HB0030ham002- 46 -LRB097 03078 RLC 54424 a

1        of medical cannabis;
2            (I) standards concerning the testing, quality, and
3        cultivation of medical cannabis; and
4            (J) such other matters as are necessary for the
5        fair, impartial, stringent, and comprehensive
6        administration of this Act; and
7        (5) application and renewal fees for registry
8    identification cards, nonprofit medical cannabis
9    organization agent identification cards, and renewal fees
10    for registered nonprofit medical cannabis organization
11    registration certificates, according to the following:
12            (A) the total fees collected must generate
13        revenues sufficient to offset all expenses of
14        implementing and administering this Act, except that
15        fee revenue may be offset or supplemented by private
16        donations;
17            (B) the Department may establish a sliding scale of
18        patient application and renewal fees based upon a
19        qualifying patient's household income;
20            (C) the Department may accept donations from
21        private sources to reduce application and renewal
22        fees; and
23            (D) registry identification card fees shall
24        include an additional $3 per registry identification
25        card, which shall be used to develop and disseminate
26        educational information about the health risks

 

 

09700HB0030ham002- 47 -LRB097 03078 RLC 54424 a

1        associated with the abuse of cannabis and prescription
2        medications.
3    The Department may adopt rules concerning limiting the
4rights of medical cannabis organizations by taking into
5consideration how many are currently operating and their
6geographical distribution.
7    (b) During the rule-making process, the Department shall
8make a good faith effort to consult with all stakeholders
9identified in the rule-making analysis as being impacted by the
10rules. The Department shall establish the stakeholders into an
11advisory task force. Stakeholders shall include, but are not
12limited to:
13        (1) at least 2 physicians, one of whom must have prior
14    experience treating medical cannabis patients;
15        (2) at least 2 nurses, one of whom must have prior
16    experience treating HIV/AIDS patients;
17        (3) at least three qualifying patients;
18        (4) a representative from the law enforcement
19    community;
20        (5) the Director of State Police or his or her
21    designee;
22        (6) a prosecuting attorney currently employed by the
23    State of Illinois;
24        (7) a public defender currently employed by the State
25    of Illinois;
26        (8) a defense attorney in private practice;

 

 

09700HB0030ham002- 48 -LRB097 03078 RLC 54424 a

1        (9) a licensed phlebotomist;
2        (10) a horticulturist; and
3        (11) a representative of the business community.
4    (c) After consulting with the stakeholders, the Department
5shall evaluate driving under the influence laws as they apply
6to registered patients.
7    (d) Beginning 4 months after the issuance of the first
8registrations for registered nonprofit medical cannabis
9organizations, the Department shall solicit input, including
10from the stakeholders identified in subsection (b) on the
11following:
12            (A) The ability of qualifying patients in all areas
13        of the state to obtain timely access to high-quality
14        medical cannabis.
15            (B) The effectiveness of the registered nonprofit
16        medical cannabis organizations, individually and
17        together, in serving the needs of qualifying patients,
18        including the provision of support services, the
19        reasonableness of their fees, whether they are
20        generating any complaints or security problems, and
21        the sufficiency of the number operating to serve the
22        registered qualifying patients of Illinois.
23            (C) The sufficiency of the regulatory and security
24        safeguards contained in this Act and adopted by the
25        Department to ensure that access to and use of cannabis
26        cultivated is provided only to cardholders authorized

 

 

09700HB0030ham002- 49 -LRB097 03078 RLC 54424 a

1        for such purposes.
2            (D) Any recommended additions or revisions to the
3        Department rules or this Act, including relating to
4        security, safe handling, labeling, and nomenclature.
5            (E) Any research studies regarding health effects
6        of medical cannabis for patients.
7    (e) The Department shall develop and disseminate
8educational information about the health risks associated with
9the abuse of cannabis and prescription medications, which shall
10be funded by the $3 fees generated from registry identification
11cards.
 
12    Section 110. Enforcement of this Act.
13    (a) If the Department fails to adopt rules to implement
14this Act within the times provided for in this Act, any citizen
15may commence a mandamus action in the Circuit Court to compel
16the Department to perform the actions mandated pursuant to the
17provisions of this Act.
18    (b) If the Department fails to issue a valid registry
19identification card in response to a valid application or
20renewal submitted pursuant to this Act within 30 days of its
21submission, the registry identification card shall be deemed
22granted, and a copy of the registry identification application,
23including a valid written certification, or renewal shall be
24deemed a valid registry identification card.
 

 

 

09700HB0030ham002- 50 -LRB097 03078 RLC 54424 a

1    Section 115. Repeal of Act. This Act is repealed 3 years
2after its effective date.
 
3    Section 120. The Election Code is amended by adding Section
49-45 as follows:
 
5    (10 ILCS 5/9-45 new)
6    Sec. 9-45. Medical cannabis organization; contributions.
7It is unlawful for any nonprofit medical cannabis organization
8or any political action committee created by any nonprofit
9medical cannabis organization to make a campaign contribution
10to any political committee established to promote the candidacy
11of a candidate or public official. It is unlawful for any
12candidate, political committee, or other person to knowingly
13accept or receive any contribution prohibited by this Section.
14It is unlawful for any officer or agent of a nonprofit medical
15cannabis organization to consent to any contribution or
16expenditure by the nonprofit medical cannabis organization
17that is prohibited by this Section. As used in this Section,
18"nonprofit medical cannabis organization" has the meaning
19ascribed to it in Section 10 of the Compassionate Use of
20Medical Cannabis Pilot Program Act.
 
21    Section 125. The Use Tax Act is amended by changing Section
223-10 as follows:
 

 

 

09700HB0030ham002- 51 -LRB097 03078 RLC 54424 a

1    (35 ILCS 105/3-10)
2    Sec. 3-10. Rate of tax. Unless otherwise provided in this
3Section, the tax imposed by this Act is at the rate of 6.25% of
4either the selling price or the fair market value, if any, of
5the tangible personal property. In all cases where property
6functionally used or consumed is the same as the property that
7was purchased at retail, then the tax is imposed on the selling
8price of the property. In all cases where property functionally
9used or consumed is a by-product or waste product that has been
10refined, manufactured, or produced from property purchased at
11retail, then the tax is imposed on the lower of the fair market
12value, if any, of the specific property so used in this State
13or on the selling price of the property purchased at retail.
14For purposes of this Section "fair market value" means the
15price at which property would change hands between a willing
16buyer and a willing seller, neither being under any compulsion
17to buy or sell and both having reasonable knowledge of the
18relevant facts. The fair market value shall be established by
19Illinois sales by the taxpayer of the same property as that
20functionally used or consumed, or if there are no such sales by
21the taxpayer, then comparable sales or purchases of property of
22like kind and character in Illinois.
23    Beginning on July 1, 2000 and through December 31, 2000,
24with respect to motor fuel, as defined in Section 1.1 of the
25Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
26the Use Tax Act, the tax is imposed at the rate of 1.25%.

 

 

09700HB0030ham002- 52 -LRB097 03078 RLC 54424 a

1    Beginning on August 6, 2010 through August 15, 2010, with
2respect to sales tax holiday items as defined in Section 3-6 of
3this Act, the tax is imposed at the rate of 1.25%.
4    With respect to gasohol, the tax imposed by this Act
5applies to (i) 70% of the proceeds of sales made on or after
6January 1, 1990, and before July 1, 2003, (ii) 80% of the
7proceeds of sales made on or after July 1, 2003 and on or
8before December 31, 2013, and (iii) 100% of the proceeds of
9sales made thereafter. If, at any time, however, the tax under
10this Act on sales of gasohol is imposed at the rate of 1.25%,
11then the tax imposed by this Act applies to 100% of the
12proceeds of sales of gasohol made during that time.
13    With respect to majority blended ethanol fuel, the tax
14imposed by this Act does not apply to the proceeds of sales
15made on or after July 1, 2003 and on or before December 31,
162013 but applies to 100% of the proceeds of sales made
17thereafter.
18    With respect to biodiesel blends with no less than 1% and
19no more than 10% biodiesel, the tax imposed by this Act applies
20to (i) 80% of the proceeds of sales made on or after July 1,
212003 and on or before December 31, 2013 and (ii) 100% of the
22proceeds of sales made thereafter. If, at any time, however,
23the tax under this Act on sales of biodiesel blends with no
24less than 1% and no more than 10% biodiesel is imposed at the
25rate of 1.25%, then the tax imposed by this Act applies to 100%
26of the proceeds of sales of biodiesel blends with no less than

 

 

09700HB0030ham002- 53 -LRB097 03078 RLC 54424 a

11% and no more than 10% biodiesel made during that time.
2    With respect to 100% biodiesel and biodiesel blends with
3more than 10% but no more than 99% biodiesel, the tax imposed
4by this Act does not apply to the proceeds of sales made on or
5after July 1, 2003 and on or before December 31, 2013 but
6applies to 100% of the proceeds of sales made thereafter.
7    With respect to food for human consumption that is to be
8consumed off the premises where it is sold (other than
9alcoholic beverages, soft drinks, and food that has been
10prepared for immediate consumption) and prescription and
11nonprescription medicines, drugs, medical appliances,
12modifications to a motor vehicle for the purpose of rendering
13it usable by a disabled person, and insulin, urine testing
14materials, syringes, and needles used by diabetics, for human
15use, the tax is imposed at the rate of 1%. For the purposes of
16this Section, until September 1, 2009: the term "soft drinks"
17means any complete, finished, ready-to-use, non-alcoholic
18drink, whether carbonated or not, including but not limited to
19soda water, cola, fruit juice, vegetable juice, carbonated
20water, and all other preparations commonly known as soft drinks
21of whatever kind or description that are contained in any
22closed or sealed bottle, can, carton, or container, regardless
23of size; but "soft drinks" does not include coffee, tea,
24non-carbonated water, infant formula, milk or milk products as
25defined in the Grade A Pasteurized Milk and Milk Products Act,
26or drinks containing 50% or more natural fruit or vegetable

 

 

09700HB0030ham002- 54 -LRB097 03078 RLC 54424 a

1juice.
2    Notwithstanding any other provisions of this Act,
3beginning September 1, 2009, "soft drinks" means non-alcoholic
4beverages that contain natural or artificial sweeteners. "Soft
5drinks" do not include beverages that contain milk or milk
6products, soy, rice or similar milk substitutes, or greater
7than 50% of vegetable or fruit juice by volume.
8    Until August 1, 2009, and notwithstanding any other
9provisions of this Act, "food for human consumption that is to
10be consumed off the premises where it is sold" includes all
11food sold through a vending machine, except soft drinks and
12food products that are dispensed hot from a vending machine,
13regardless of the location of the vending machine. Beginning
14August 1, 2009, and notwithstanding any other provisions of
15this Act, "food for human consumption that is to be consumed
16off the premises where it is sold" includes all food sold
17through a vending machine, except soft drinks, candy, and food
18products that are dispensed hot from a vending machine,
19regardless of the location of the vending machine.
20    Notwithstanding any other provisions of this Act,
21beginning September 1, 2009, "food for human consumption that
22is to be consumed off the premises where it is sold" does not
23include candy. For purposes of this Section, "candy" means a
24preparation of sugar, honey, or other natural or artificial
25sweeteners in combination with chocolate, fruits, nuts or other
26ingredients or flavorings in the form of bars, drops, or

 

 

09700HB0030ham002- 55 -LRB097 03078 RLC 54424 a

1pieces. "Candy" does not include any preparation that contains
2flour or requires refrigeration.
3    Notwithstanding any other provisions of this Act,
4beginning September 1, 2009, "nonprescription medicines and
5drugs" does not include grooming and hygiene products.
6Beginning on the effective date of this amendatory Act of the
797th General Assembly, "prescription and nonprescription
8medicines and drugs" includes medical cannabis purchased from a
9registered nonprofit medical cannabis organization under the
10Compassionate Use of Medical Cannabis Pilot Program Act. For
11purposes of this Section, "grooming and hygiene products"
12includes, but is not limited to, soaps and cleaning solutions,
13shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
14lotions and screens, unless those products are available by
15prescription only, regardless of whether the products meet the
16definition of "over-the-counter-drugs". For the purposes of
17this paragraph, "over-the-counter-drug" means a drug for human
18use that contains a label that identifies the product as a drug
19as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
20label includes:
21        (A) A "Drug Facts" panel; or
22        (B) A statement of the "active ingredient(s)" with a
23    list of those ingredients contained in the compound,
24    substance or preparation.
25    If the property that is purchased at retail from a retailer
26is acquired outside Illinois and used outside Illinois before

 

 

09700HB0030ham002- 56 -LRB097 03078 RLC 54424 a

1being brought to Illinois for use here and is taxable under
2this Act, the "selling price" on which the tax is computed
3shall be reduced by an amount that represents a reasonable
4allowance for depreciation for the period of prior out-of-state
5use.
6(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
7eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)
 
8    Section 130. The Service Use Tax Act is amended by changing
9Section 3-10 as follows:
 
10    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
11    Sec. 3-10. Rate of tax. Unless otherwise provided in this
12Section, the tax imposed by this Act is at the rate of 6.25% of
13the selling price of tangible personal property transferred as
14an incident to the sale of service, but, for the purpose of
15computing this tax, in no event shall the selling price be less
16than the cost price of the property to the serviceman.
17    Beginning on July 1, 2000 and through December 31, 2000,
18with respect to motor fuel, as defined in Section 1.1 of the
19Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
20the Use Tax Act, the tax is imposed at the rate of 1.25%.
21    With respect to gasohol, as defined in the Use Tax Act, the
22tax imposed by this Act applies to (i) 70% of the selling price
23of property transferred as an incident to the sale of service
24on or after January 1, 1990, and before July 1, 2003, (ii) 80%

 

 

09700HB0030ham002- 57 -LRB097 03078 RLC 54424 a

1of the selling price of property transferred as an incident to
2the sale of service on or after July 1, 2003 and on or before
3December 31, 2013, and (iii) 100% of the selling price
4thereafter. If, at any time, however, the tax under this Act on
5sales of gasohol, as defined in the Use Tax Act, is imposed at
6the rate of 1.25%, then the tax imposed by this Act applies to
7100% of the proceeds of sales of gasohol made during that time.
8    With respect to majority blended ethanol fuel, as defined
9in the Use Tax Act, the tax imposed by this Act does not apply
10to the selling price of property transferred as an incident to
11the sale of service on or after July 1, 2003 and on or before
12December 31, 2013 but applies to 100% of the selling price
13thereafter.
14    With respect to biodiesel blends, as defined in the Use Tax
15Act, with no less than 1% and no more than 10% biodiesel, the
16tax imposed by this Act applies to (i) 80% of the selling price
17of property transferred as an incident to the sale of service
18on or after July 1, 2003 and on or before December 31, 2013 and
19(ii) 100% of the proceeds of the selling price thereafter. If,
20at any time, however, the tax under this Act on sales of
21biodiesel blends, as defined in the Use Tax Act, with no less
22than 1% and no more than 10% biodiesel is imposed at the rate
23of 1.25%, then the tax imposed by this Act applies to 100% of
24the proceeds of sales of biodiesel blends with no less than 1%
25and no more than 10% biodiesel made during that time.
26    With respect to 100% biodiesel, as defined in the Use Tax

 

 

09700HB0030ham002- 58 -LRB097 03078 RLC 54424 a

1Act, and biodiesel blends, as defined in the Use Tax Act, with
2more than 10% but no more than 99% biodiesel, the tax imposed
3by this Act does not apply to the proceeds of the selling price
4of property transferred as an incident to the sale of service
5on or after July 1, 2003 and on or before December 31, 2013 but
6applies to 100% of the selling price thereafter.
7    At the election of any registered serviceman made for each
8fiscal year, sales of service in which the aggregate annual
9cost price of tangible personal property transferred as an
10incident to the sales of service is less than 35%, or 75% in
11the case of servicemen transferring prescription drugs or
12servicemen engaged in graphic arts production, of the aggregate
13annual total gross receipts from all sales of service, the tax
14imposed by this Act shall be based on the serviceman's cost
15price of the tangible personal property transferred as an
16incident to the sale of those services.
17    The tax shall be imposed at the rate of 1% on food prepared
18for immediate consumption and transferred incident to a sale of
19service subject to this Act or the Service Occupation Tax Act
20by an entity licensed under the Hospital Licensing Act, the
21Nursing Home Care Act, the MR/DD Community Care Act, or the
22Child Care Act of 1969. The tax shall also be imposed at the
23rate of 1% on food for human consumption that is to be consumed
24off the premises where it is sold (other than alcoholic
25beverages, soft drinks, and food that has been prepared for
26immediate consumption and is not otherwise included in this

 

 

09700HB0030ham002- 59 -LRB097 03078 RLC 54424 a

1paragraph) and prescription and nonprescription medicines,
2drugs, medical appliances, modifications to a motor vehicle for
3the purpose of rendering it usable by a disabled person, and
4insulin, urine testing materials, syringes, and needles used by
5diabetics, for human use. For the purposes of this Section,
6until September 1, 2009: the term "soft drinks" means any
7complete, finished, ready-to-use, non-alcoholic drink, whether
8carbonated or not, including but not limited to soda water,
9cola, fruit juice, vegetable juice, carbonated water, and all
10other preparations commonly known as soft drinks of whatever
11kind or description that are contained in any closed or sealed
12bottle, can, carton, or container, regardless of size; but
13"soft drinks" does not include coffee, tea, non-carbonated
14water, infant formula, milk or milk products as defined in the
15Grade A Pasteurized Milk and Milk Products Act, or drinks
16containing 50% or more natural fruit or vegetable juice.
17    Notwithstanding any other provisions of this Act,
18beginning September 1, 2009, "soft drinks" means non-alcoholic
19beverages that contain natural or artificial sweeteners. "Soft
20drinks" do not include beverages that contain milk or milk
21products, soy, rice or similar milk substitutes, or greater
22than 50% of vegetable or fruit juice by volume.
23    Until August 1, 2009, and notwithstanding any other
24provisions of this Act, "food for human consumption that is to
25be consumed off the premises where it is sold" includes all
26food sold through a vending machine, except soft drinks and

 

 

09700HB0030ham002- 60 -LRB097 03078 RLC 54424 a

1food products that are dispensed hot from a vending machine,
2regardless of the location of the vending machine. Beginning
3August 1, 2009, and notwithstanding any other provisions of
4this Act, "food for human consumption that is to be consumed
5off the premises where it is sold" includes all food sold
6through a vending machine, except soft drinks, candy, and food
7products that are dispensed hot from a vending machine,
8regardless of the location of the vending machine.
9    Notwithstanding any other provisions of this Act,
10beginning September 1, 2009, "food for human consumption that
11is to be consumed off the premises where it is sold" does not
12include candy. For purposes of this Section, "candy" means a
13preparation of sugar, honey, or other natural or artificial
14sweeteners in combination with chocolate, fruits, nuts or other
15ingredients or flavorings in the form of bars, drops, or
16pieces. "Candy" does not include any preparation that contains
17flour or requires refrigeration.
18    Notwithstanding any other provisions of this Act,
19beginning September 1, 2009, "nonprescription medicines and
20drugs" does not include grooming and hygiene products.
21Beginning on the effective date of this amendatory Act of the
2297th General Assembly, "prescription and nonprescription
23medicines and drugs" includes medical cannabis purchased from a
24registered nonprofit medical cannabis organization under the
25Compassionate Use of Medical Cannabis Pilot Program Act. For
26purposes of this Section, "grooming and hygiene products"

 

 

09700HB0030ham002- 61 -LRB097 03078 RLC 54424 a

1includes, but is not limited to, soaps and cleaning solutions,
2shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
3lotions and screens, unless those products are available by
4prescription only, regardless of whether the products meet the
5definition of "over-the-counter-drugs". For the purposes of
6this paragraph, "over-the-counter-drug" means a drug for human
7use that contains a label that identifies the product as a drug
8as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
9label includes:
10        (A) A "Drug Facts" panel; or
11        (B) A statement of the "active ingredient(s)" with a
12    list of those ingredients contained in the compound,
13    substance or preparation.
14    If the property that is acquired from a serviceman is
15acquired outside Illinois and used outside Illinois before
16being brought to Illinois for use here and is taxable under
17this Act, the "selling price" on which the tax is computed
18shall be reduced by an amount that represents a reasonable
19allowance for depreciation for the period of prior out-of-state
20use.
21(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
22eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
23    Section 135. The Service Occupation Tax Act is amended by
24changing Section 3-10 as follows:
 

 

 

09700HB0030ham002- 62 -LRB097 03078 RLC 54424 a

1    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
2    Sec. 3-10. Rate of tax. Unless otherwise provided in this
3Section, the tax imposed by this Act is at the rate of 6.25% of
4the "selling price", as defined in Section 2 of the Service Use
5Tax Act, of the tangible personal property. For the purpose of
6computing this tax, in no event shall the "selling price" be
7less than the cost price to the serviceman of the tangible
8personal property transferred. The selling price of each item
9of tangible personal property transferred as an incident of a
10sale of service may be shown as a distinct and separate item on
11the serviceman's billing to the service customer. If the
12selling price is not so shown, the selling price of the
13tangible personal property is deemed to be 50% of the
14serviceman's entire billing to the service customer. When,
15however, a serviceman contracts to design, develop, and produce
16special order machinery or equipment, the tax imposed by this
17Act shall be based on the serviceman's cost price of the
18tangible personal property transferred incident to the
19completion of the contract.
20    Beginning on July 1, 2000 and through December 31, 2000,
21with respect to motor fuel, as defined in Section 1.1 of the
22Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
23the Use Tax Act, the tax is imposed at the rate of 1.25%.
24    With respect to gasohol, as defined in the Use Tax Act, the
25tax imposed by this Act shall apply to (i) 70% of the cost
26price of property transferred as an incident to the sale of

 

 

09700HB0030ham002- 63 -LRB097 03078 RLC 54424 a

1service on or after January 1, 1990, and before July 1, 2003,
2(ii) 80% of the selling price of property transferred as an
3incident to the sale of service on or after July 1, 2003 and on
4or before December 31, 2013, and (iii) 100% of the cost price
5thereafter. If, at any time, however, the tax under this Act on
6sales of gasohol, as defined in the Use Tax Act, is imposed at
7the rate of 1.25%, then the tax imposed by this Act applies to
8100% of the proceeds of sales of gasohol made during that time.
9    With respect to majority blended ethanol fuel, as defined
10in the Use Tax Act, the tax imposed by this Act does not apply
11to the selling price of property transferred as an incident to
12the sale of service on or after July 1, 2003 and on or before
13December 31, 2013 but applies to 100% of the selling price
14thereafter.
15    With respect to biodiesel blends, as defined in the Use Tax
16Act, with no less than 1% and no more than 10% biodiesel, the
17tax imposed by this Act applies to (i) 80% of the selling price
18of property transferred as an incident to the sale of service
19on or after July 1, 2003 and on or before December 31, 2013 and
20(ii) 100% of the proceeds of the selling price thereafter. If,
21at any time, however, the tax under this Act on sales of
22biodiesel blends, as defined in the Use Tax Act, with no less
23than 1% and no more than 10% biodiesel is imposed at the rate
24of 1.25%, then the tax imposed by this Act applies to 100% of
25the proceeds of sales of biodiesel blends with no less than 1%
26and no more than 10% biodiesel made during that time.

 

 

09700HB0030ham002- 64 -LRB097 03078 RLC 54424 a

1    With respect to 100% biodiesel, as defined in the Use Tax
2Act, and biodiesel blends, as defined in the Use Tax Act, with
3more than 10% but no more than 99% biodiesel material, the tax
4imposed by this Act does not apply to the proceeds of the
5selling price of property transferred as an incident to the
6sale of service on or after July 1, 2003 and on or before
7December 31, 2013 but applies to 100% of the selling price
8thereafter.
9    At the election of any registered serviceman made for each
10fiscal year, sales of service in which the aggregate annual
11cost price of tangible personal property transferred as an
12incident to the sales of service is less than 35%, or 75% in
13the case of servicemen transferring prescription drugs or
14servicemen engaged in graphic arts production, of the aggregate
15annual total gross receipts from all sales of service, the tax
16imposed by this Act shall be based on the serviceman's cost
17price of the tangible personal property transferred incident to
18the sale of those services.
19    The tax shall be imposed at the rate of 1% on food prepared
20for immediate consumption and transferred incident to a sale of
21service subject to this Act or the Service Occupation Tax Act
22by an entity licensed under the Hospital Licensing Act, the
23Nursing Home Care Act, the MR/DD Community Care Act, or the
24Child Care Act of 1969. The tax shall also be imposed at the
25rate of 1% on food for human consumption that is to be consumed
26off the premises where it is sold (other than alcoholic

 

 

09700HB0030ham002- 65 -LRB097 03078 RLC 54424 a

1beverages, soft drinks, and food that has been prepared for
2immediate consumption and is not otherwise included in this
3paragraph) and prescription and nonprescription medicines,
4drugs, medical appliances, modifications to a motor vehicle for
5the purpose of rendering it usable by a disabled person, and
6insulin, urine testing materials, syringes, and needles used by
7diabetics, for human use. For the purposes of this Section,
8until September 1, 2009: the term "soft drinks" means any
9complete, finished, ready-to-use, non-alcoholic drink, whether
10carbonated or not, including but not limited to soda water,
11cola, fruit juice, vegetable juice, carbonated water, and all
12other preparations commonly known as soft drinks of whatever
13kind or description that are contained in any closed or sealed
14can, carton, or container, regardless of size; but "soft
15drinks" does not include coffee, tea, non-carbonated water,
16infant formula, milk or milk products as defined in the Grade A
17Pasteurized Milk and Milk Products Act, or drinks containing
1850% or more natural fruit or vegetable juice.
19    Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "soft drinks" means non-alcoholic
21beverages that contain natural or artificial sweeteners. "Soft
22drinks" do not include beverages that contain milk or milk
23products, soy, rice or similar milk substitutes, or greater
24than 50% of vegetable or fruit juice by volume.
25    Until August 1, 2009, and notwithstanding any other
26provisions of this Act, "food for human consumption that is to

 

 

09700HB0030ham002- 66 -LRB097 03078 RLC 54424 a

1be consumed off the premises where it is sold" includes all
2food sold through a vending machine, except soft drinks and
3food products that are dispensed hot from a vending machine,
4regardless of the location of the vending machine. Beginning
5August 1, 2009, and notwithstanding any other provisions of
6this Act, "food for human consumption that is to be consumed
7off the premises where it is sold" includes all food sold
8through a vending machine, except soft drinks, candy, and food
9products that are dispensed hot from a vending machine,
10regardless of the location of the vending machine.
11    Notwithstanding any other provisions of this Act,
12beginning September 1, 2009, "food for human consumption that
13is to be consumed off the premises where it is sold" does not
14include candy. For purposes of this Section, "candy" means a
15preparation of sugar, honey, or other natural or artificial
16sweeteners in combination with chocolate, fruits, nuts or other
17ingredients or flavorings in the form of bars, drops, or
18pieces. "Candy" does not include any preparation that contains
19flour or requires refrigeration.
20    Notwithstanding any other provisions of this Act,
21beginning September 1, 2009, "nonprescription medicines and
22drugs" does not include grooming and hygiene products.
23Beginning on the effective date of this amendatory Act of the
2497th General Assembly, "prescription and nonprescription
25medicines and drugs" includes medical cannabis purchased from a
26registered nonprofit medical cannabis organization under the

 

 

09700HB0030ham002- 67 -LRB097 03078 RLC 54424 a

1Compassionate Use of Medical Cannabis Pilot Program Act. For
2purposes of this Section, "grooming and hygiene products"
3includes, but is not limited to, soaps and cleaning solutions,
4shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
5lotions and screens, unless those products are available by
6prescription only, regardless of whether the products meet the
7definition of "over-the-counter-drugs". For the purposes of
8this paragraph, "over-the-counter-drug" means a drug for human
9use that contains a label that identifies the product as a drug
10as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
11label includes:
12        (A) A "Drug Facts" panel; or
13        (B) A statement of the "active ingredient(s)" with a
14    list of those ingredients contained in the compound,
15    substance or preparation.
16(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
17eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
18    Section 140. The Retailers' Occupation Tax Act is amended
19by changing Section 2-10 as follows:
 
20    (35 ILCS 120/2-10)
21    Sec. 2-10. Rate of tax. Unless otherwise provided in this
22Section, the tax imposed by this Act is at the rate of 6.25% of
23gross receipts from sales of tangible personal property made in
24the course of business.

 

 

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1    Beginning on July 1, 2000 and through December 31, 2000,
2with respect to motor fuel, as defined in Section 1.1 of the
3Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
4the Use Tax Act, the tax is imposed at the rate of 1.25%.
5    Beginning on August 6, 2010 through August 15, 2010, with
6respect to sales tax holiday items as defined in Section 2-8 of
7this Act, the tax is imposed at the rate of 1.25%.
8    Within 14 days after the effective date of this amendatory
9Act of the 91st General Assembly, each retailer of motor fuel
10and gasohol shall cause the following notice to be posted in a
11prominently visible place on each retail dispensing device that
12is used to dispense motor fuel or gasohol in the State of
13Illinois: "As of July 1, 2000, the State of Illinois has
14eliminated the State's share of sales tax on motor fuel and
15gasohol through December 31, 2000. The price on this pump
16should reflect the elimination of the tax." The notice shall be
17printed in bold print on a sign that is no smaller than 4
18inches by 8 inches. The sign shall be clearly visible to
19customers. Any retailer who fails to post or maintain a
20required sign through December 31, 2000 is guilty of a petty
21offense for which the fine shall be $500 per day per each
22retail premises where a violation occurs.
23    With respect to gasohol, as defined in the Use Tax Act, the
24tax imposed by this Act applies to (i) 70% of the proceeds of
25sales made on or after January 1, 1990, and before July 1,
262003, (ii) 80% of the proceeds of sales made on or after July

 

 

09700HB0030ham002- 69 -LRB097 03078 RLC 54424 a

11, 2003 and on or before December 31, 2013, and (iii) 100% of
2the proceeds of sales made thereafter. If, at any time,
3however, the tax under this Act on sales of gasohol, as defined
4in the Use Tax Act, is imposed at the rate of 1.25%, then the
5tax imposed by this Act applies to 100% of the proceeds of
6sales of gasohol made during that time.
7    With respect to majority blended ethanol fuel, as defined
8in the Use Tax Act, the tax imposed by this Act does not apply
9to the proceeds of sales made on or after July 1, 2003 and on or
10before December 31, 2013 but applies to 100% of the proceeds of
11sales made thereafter.
12    With respect to biodiesel blends, as defined in the Use Tax
13Act, with no less than 1% and no more than 10% biodiesel, the
14tax imposed by this Act applies to (i) 80% of the proceeds of
15sales made on or after July 1, 2003 and on or before December
1631, 2013 and (ii) 100% of the proceeds of sales made
17thereafter. If, at any time, however, the tax under this Act on
18sales of biodiesel blends, as defined in the Use Tax Act, with
19no less than 1% and no more than 10% biodiesel is imposed at
20the rate of 1.25%, then the tax imposed by this Act applies to
21100% of the proceeds of sales of biodiesel blends with no less
22than 1% and no more than 10% biodiesel made during that time.
23    With respect to 100% biodiesel, as defined in the Use Tax
24Act, and biodiesel blends, as defined in the Use Tax Act, with
25more than 10% but no more than 99% biodiesel, the tax imposed
26by this Act does not apply to the proceeds of sales made on or

 

 

09700HB0030ham002- 70 -LRB097 03078 RLC 54424 a

1after July 1, 2003 and on or before December 31, 2013 but
2applies to 100% of the proceeds of sales made thereafter.
3    With respect to food for human consumption that is to be
4consumed off the premises where it is sold (other than
5alcoholic beverages, soft drinks, and food that has been
6prepared for immediate consumption) and prescription and
7nonprescription medicines, drugs, medical appliances,
8modifications to a motor vehicle for the purpose of rendering
9it usable by a disabled person, and insulin, urine testing
10materials, syringes, and needles used by diabetics, for human
11use, the tax is imposed at the rate of 1%. For the purposes of
12this Section, until September 1, 2009: the term "soft drinks"
13means any complete, finished, ready-to-use, non-alcoholic
14drink, whether carbonated or not, including but not limited to
15soda water, cola, fruit juice, vegetable juice, carbonated
16water, and all other preparations commonly known as soft drinks
17of whatever kind or description that are contained in any
18closed or sealed bottle, can, carton, or container, regardless
19of size; but "soft drinks" does not include coffee, tea,
20non-carbonated water, infant formula, milk or milk products as
21defined in the Grade A Pasteurized Milk and Milk Products Act,
22or drinks containing 50% or more natural fruit or vegetable
23juice.
24    Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "soft drinks" means non-alcoholic
26beverages that contain natural or artificial sweeteners. "Soft

 

 

09700HB0030ham002- 71 -LRB097 03078 RLC 54424 a

1drinks" do not include beverages that contain milk or milk
2products, soy, rice or similar milk substitutes, or greater
3than 50% of vegetable or fruit juice by volume.
4    Until August 1, 2009, and notwithstanding any other
5provisions of this Act, "food for human consumption that is to
6be consumed off the premises where it is sold" includes all
7food sold through a vending machine, except soft drinks and
8food products that are dispensed hot from a vending machine,
9regardless of the location of the vending machine. Beginning
10August 1, 2009, and notwithstanding any other provisions of
11this Act, "food for human consumption that is to be consumed
12off the premises where it is sold" includes all food sold
13through a vending machine, except soft drinks, candy, and food
14products that are dispensed hot from a vending machine,
15regardless of the location of the vending machine.
16    Notwithstanding any other provisions of this Act,
17beginning September 1, 2009, "food for human consumption that
18is to be consumed off the premises where it is sold" does not
19include candy. For purposes of this Section, "candy" means a
20preparation of sugar, honey, or other natural or artificial
21sweeteners in combination with chocolate, fruits, nuts or other
22ingredients or flavorings in the form of bars, drops, or
23pieces. "Candy" does not include any preparation that contains
24flour or requires refrigeration.
25    Notwithstanding any other provisions of this Act,
26beginning September 1, 2009, "nonprescription medicines and

 

 

09700HB0030ham002- 72 -LRB097 03078 RLC 54424 a

1drugs" does not include grooming and hygiene products.
2Beginning on the effective date of this amendatory Act of the
397th General Assembly, "prescription and nonprescription
4medicines and drugs" includes medical cannabis purchased from a
5registered nonprofit medical cannabis organization under the
6Compassionate Use of Medical Cannabis Pilot Program Act. For
7purposes of this Section, "grooming and hygiene products"
8includes, but is not limited to, soaps and cleaning solutions,
9shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
10lotions and screens, unless those products are available by
11prescription only, regardless of whether the products meet the
12definition of "over-the-counter-drugs". For the purposes of
13this paragraph, "over-the-counter-drug" means a drug for human
14use that contains a label that identifies the product as a drug
15as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
16label includes:
17        (A) A "Drug Facts" panel; or
18        (B) A statement of the "active ingredient(s)" with a
19    list of those ingredients contained in the compound,
20    substance or preparation.
21(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
22eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1012, eff. 7-7-10.)".
 
23    Section 145. The Illinois Vehicle Code is amended by
24changing Section 11-501 and by adding Section 11-501.9 as
25follows:
 

 

 

09700HB0030ham002- 73 -LRB097 03078 RLC 54424 a

1    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
2    Sec. 11-501. Driving while under the influence of alcohol,
3other drug or drugs, intoxicating compound or compounds or any
4combination thereof.
5    (a) A person shall not drive or be in actual physical
6control of any vehicle within this State while:
7        (1) the alcohol concentration in the person's blood or
8    breath is 0.08 or more based on the definition of blood and
9    breath units in Section 11-501.2;
10        (2) under the influence of alcohol;
11        (3) under the influence of any intoxicating compound or
12    combination of intoxicating compounds to a degree that
13    renders the person incapable of driving safely;
14        (4) under the influence of any other drug or
15    combination of drugs to a degree that renders the person
16    incapable of safely driving;
17        (5) under the combined influence of alcohol, other drug
18    or drugs, or intoxicating compound or compounds to a degree
19    that renders the person incapable of safely driving; or
20        (6) there is any amount of a drug, substance, or
21    compound in the person's breath, blood, or urine resulting
22    from the unlawful use or consumption of cannabis listed in
23    the Cannabis Control Act, a controlled substance listed in
24    the Illinois Controlled Substances Act, an intoxicating
25    compound listed in the Use of Intoxicating Compounds Act,

 

 

09700HB0030ham002- 74 -LRB097 03078 RLC 54424 a

1    or methamphetamine as listed in the Methamphetamine
2    Control and Community Protection Act. Subject to all other
3    requirements set forth in this Act, for the purposes of
4    this subsection the lawful consumption of cannabis by a
5    qualifying patient licensed under the Compassionate Use of
6    Medical Cannabis Pilot Program Act who is in possession of
7    a valid registry card shall be governed by the provisions
8    set forth in Section 11-501.9.
9    (b) The fact that any person charged with violating this
10Section is or has been legally entitled to use alcohol, other
11drug or drugs, or intoxicating compound or compounds, or any
12combination thereof, shall not constitute a defense against any
13charge of violating this Section.
14    (c) Penalties.
15        (1) Except as otherwise provided in this Section, any
16    person convicted of violating subsection (a) of this
17    Section is guilty of a Class A misdemeanor.
18        (2) A person who violates subsection (a) or a similar
19    provision a second time shall be sentenced to a mandatory
20    minimum term of either 5 days of imprisonment or 240 hours
21    of community service in addition to any other criminal or
22    administrative sanction.
23        (3) A person who violates subsection (a) is subject to
24    6 months of imprisonment, an additional mandatory minimum
25    fine of $1,000, and 25 days of community service in a
26    program benefiting children if the person was transporting

 

 

09700HB0030ham002- 75 -LRB097 03078 RLC 54424 a

1    a person under the age of 16 at the time of the violation.
2        (4) A person who violates subsection (a) a first time,
3    if the alcohol concentration in his or her blood, breath,
4    or urine was 0.16 or more based on the definition of blood,
5    breath, or urine units in Section 11-501.2, or 2 times the
6    cannabis in Section 11-501.9 shall be subject, in addition
7    to any other penalty that may be imposed, to a mandatory
8    minimum of 100 hours of community service and a mandatory
9    minimum fine of $500.
10        (5) A person who violates subsection (a) a second time,
11    if at the time of the second violation the alcohol
12    concentration in his or her blood, breath, or urine was
13    0.16 or more based on the definition of blood, breath, or
14    urine units in Section 11-501.2 or 2 times the cannabis in
15    Section 11-501.9, shall be subject, in addition to any
16    other penalty that may be imposed, to a mandatory minimum
17    of 2 days of imprisonment and a mandatory minimum fine of
18    $1,250.
19    (d) Aggravated driving under the influence of alcohol,
20other drug or drugs, or intoxicating compound or compounds, or
21any combination thereof.
22        (1) Every person convicted of committing a violation of
23    this Section shall be guilty of aggravated driving under
24    the influence of alcohol, other drug or drugs, or
25    intoxicating compound or compounds, or any combination
26    thereof if:

 

 

09700HB0030ham002- 76 -LRB097 03078 RLC 54424 a

1            (A) the person committed a violation of subsection
2        (a) or a similar provision for the third or subsequent
3        time;
4            (B) the person committed a violation of subsection
5        (a) while driving a school bus with persons 18 years of
6        age or younger on board;
7            (C) the person in committing a violation of
8        subsection (a) was involved in a motor vehicle accident
9        that resulted in great bodily harm or permanent
10        disability or disfigurement to another, when the
11        violation was a proximate cause of the injuries;
12            (D) the person committed a violation of subsection
13        (a) and has been previously convicted of violating
14        Section 9-3 of the Criminal Code of 1961 or a similar
15        provision of a law of another state relating to
16        reckless homicide in which the person was determined to
17        have been under the influence of alcohol, other drug or
18        drugs, or intoxicating compound or compounds as an
19        element of the offense or the person has previously
20        been convicted under subparagraph (C) or subparagraph
21        (F) of this paragraph (1);
22            (E) the person, in committing a violation of
23        subsection (a) while driving at any speed in a school
24        speed zone at a time when a speed limit of 20 miles per
25        hour was in effect under subsection (a) of Section
26        11-605 of this Code, was involved in a motor vehicle

 

 

09700HB0030ham002- 77 -LRB097 03078 RLC 54424 a

1        accident that resulted in bodily harm, other than great
2        bodily harm or permanent disability or disfigurement,
3        to another person, when the violation of subsection (a)
4        was a proximate cause of the bodily harm;
5            (F) the person, in committing a violation of
6        subsection (a), was involved in a motor vehicle,
7        snowmobile, all-terrain vehicle, or watercraft
8        accident that resulted in the death of another person,
9        when the violation of subsection (a) was a proximate
10        cause of the death;
11            (G) the person committed a violation of subsection
12        (a) during a period in which the defendant's driving
13        privileges are revoked or suspended, where the
14        revocation or suspension was for a violation of
15        subsection (a) or a similar provision, Section
16        11-501.1, 11-501.9, paragraph (b) of Section 11-401,
17        or for reckless homicide as defined in Section 9-3 of
18        the Criminal Code of 1961;
19            (H) the person committed the violation while he or
20        she did not possess a driver's license or permit or a
21        restricted driving permit or a judicial driving permit
22        or a monitoring device driving permit;
23            (I) the person committed the violation while he or
24        she knew or should have known that the vehicle he or
25        she was driving was not covered by a liability
26        insurance policy;

 

 

09700HB0030ham002- 78 -LRB097 03078 RLC 54424 a

1            (J) the person in committing a violation of
2        subsection (a) was involved in a motor vehicle accident
3        that resulted in bodily harm, but not great bodily
4        harm, to the child under the age of 16 being
5        transported by the person, if the violation was the
6        proximate cause of the injury; or
7            (K) the person in committing a second violation of
8        subsection (a) or a similar provision was transporting
9        a person under the age of 16.
10        (2)(A) Except as provided otherwise, a person
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds, or any combination thereof is guilty of a Class
14    4 felony.
15        (B) A third violation of this Section or a similar
16    provision is a Class 2 felony. If at the time of the third
17    violation the alcohol concentration in his or her blood,
18    breath, or urine was 0.16 or more based on the definition
19    of blood, breath, or urine units in Section 11-501.2, a
20    mandatory minimum of 90 days of imprisonment and a
21    mandatory minimum fine of $2,500 shall be imposed in
22    addition to any other criminal or administrative sanction.
23    If at the time of the third violation, the defendant was
24    transporting a person under the age of 16, a mandatory fine
25    of $25,000 and 25 days of community service in a program
26    benefiting children shall be imposed in addition to any

 

 

09700HB0030ham002- 79 -LRB097 03078 RLC 54424 a

1    other criminal or administrative sanction.
2        (C) A fourth violation of this Section or a similar
3    provision is a Class 2 felony, for which a sentence of
4    probation or conditional discharge may not be imposed. If
5    at the time of the violation, the alcohol concentration in
6    the defendant's blood, breath, or urine was 0.16 or more
7    based on the definition of blood, breath, or urine units in
8    Section 11-501.2, a mandatory minimum fine of $5,000 shall
9    be imposed in addition to any other criminal or
10    administrative sanction. If at the time of the fourth
11    violation, the defendant was transporting a person under
12    the age of 16 a mandatory fine of $25,000 and 25 days of
13    community service in a program benefiting children shall be
14    imposed in addition to any other criminal or administrative
15    sanction.
16        (D) A fifth violation of this Section or a similar
17    provision is a Class 1 felony, for which a sentence of
18    probation or conditional discharge may not be imposed. If
19    at the time of the violation, the alcohol concentration in
20    the defendant's blood, breath, or urine was 0.16 or more
21    based on the definition of blood, breath, or urine units in
22    Section 11-501.2, a mandatory minimum fine of $5,000 shall
23    be imposed in addition to any other criminal or
24    administrative sanction. If at the time of the fifth
25    violation, the defendant was transporting a person under
26    the age of 16, a mandatory fine of $25,000, and 25 days of

 

 

09700HB0030ham002- 80 -LRB097 03078 RLC 54424 a

1    community service in a program benefiting children shall be
2    imposed in addition to any other criminal or administrative
3    sanction.
4        (E) A sixth or subsequent violation of this Section or
5    similar provision is a Class X felony. If at the time of
6    the violation, the alcohol concentration in the
7    defendant's blood, breath, or urine was 0.16 or more based
8    on the definition of blood, breath, or urine units in
9    Section 11-501.2, a mandatory minimum fine of $5,000 shall
10    be imposed in addition to any other criminal or
11    administrative sanction. If at the time of the violation,
12    the defendant was transporting a person under the age of
13    16, a mandatory fine of $25,000 and 25 days of community
14    service in a program benefiting children shall be imposed
15    in addition to any other criminal or administrative
16    sanction.
17        (F) For a violation of subparagraph (C) of paragraph
18    (1) of this subsection (d), the defendant, if sentenced to
19    a term of imprisonment, shall be sentenced to not less than
20    one year nor more than 12 years.
21        (G) A violation of subparagraph (F) of paragraph (1) of
22    this subsection (d) is a Class 2 felony, for which the
23    defendant, unless the court determines that extraordinary
24    circumstances exist and require probation, shall be
25    sentenced to: (i) a term of imprisonment of not less than 3
26    years and not more than 14 years if the violation resulted

 

 

09700HB0030ham002- 81 -LRB097 03078 RLC 54424 a

1    in the death of one person; or (ii) a term of imprisonment
2    of not less than 6 years and not more than 28 years if the
3    violation resulted in the deaths of 2 or more persons.
4        (H) For a violation of subparagraph (J) of paragraph
5    (1) of this subsection (d), a mandatory fine of $2,500, and
6    25 days of community service in a program benefiting
7    children shall be imposed in addition to any other criminal
8    or administrative sanction.
9        (I) A violation of subparagraph (K) of paragraph (1) of
10    this subsection (d), is a Class 2 felony and a mandatory
11    fine of $2,500, and 25 days of community service in a
12    program benefiting children shall be imposed in addition to
13    any other criminal or administrative sanction. If the child
14    being transported suffered bodily harm, but not great
15    bodily harm, in a motor vehicle accident, and the violation
16    was the proximate cause of that injury, a mandatory fine of
17    $5,000 and 25 days of community service in a program
18    benefiting children shall be imposed in addition to any
19    other criminal or administrative sanction.
20        (J) A violation of subparagraph (D) of paragraph (1) of
21    this subsection (d) is a Class 3 felony, for which a
22    sentence of probation or conditional discharge may not be
23    imposed.
24        (3) Any person sentenced under this subsection (d) who
25    receives a term of probation or conditional discharge must
26    serve a minimum term of either 480 hours of community

 

 

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1    service or 10 days of imprisonment as a condition of the
2    probation or conditional discharge in addition to any other
3    criminal or administrative sanction.
4    (e) Any reference to a prior violation of subsection (a) or
5a similar provision includes any violation of a provision of a
6local ordinance or a provision of a law of another state or an
7offense committed on a military installation that is similar to
8a violation of subsection (a) of this Section.
9    (f) The imposition of a mandatory term of imprisonment or
10assignment of community service for a violation of this Section
11shall not be suspended or reduced by the court.
12    (g) Any penalty imposed for driving with a license that has
13been revoked for a previous violation of subsection (a) of this
14Section shall be in addition to the penalty imposed for any
15subsequent violation of subsection (a).
16    (h) For any prosecution under this Section, a certified
17copy of the driving abstract of the defendant shall be admitted
18as proof of any prior conviction.
19(Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08;
2095-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08;
2195-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
 
22    (625 ILCS 5/11-501.9 new)
23    Sec. 11-501.9. Medical cannabis; qualifying patient;
24restrictions.
25    (a) No person who is a qualifying patient in possession of

 

 

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1a valid registry card under the Compassionate Use of Medical
2Cannabis Pilot Program Act may operate a motor vehicle unless 6
3hours have passed from the time that the qualifying patient
4last consumed medical cannabis.
5    (b) No person who is a qualifying patient in possession of
6a valid registry card under the Compassionate Use of Medical
7Cannabis Pilot Program Act who has a concentration of cannabis
8in the person's urine of at least 15 nanograms of cannabis per
9milliliter of the person's urine or has a concentration of
10cannabis in the person's whole blood of at least 5 nanograms of
11cannabis per milliliter of the person's whole blood shall drive
12or be in actual physical control of any vehicle within this
13State.
14    (c) The sole fact that the person is a qualifying patient
15under the Compassionate Use of Medical Cannabis Pilot Program
16Act in possession of a registry card shall not constitute
17reasonable suspicion or probable cause that there is a
18violation under this Section or elsewhere.
19    (d) Any violation of this Section shall subject the
20offender to the penalties set forth in Section 11-501 and all
21other appropriate sanctions under law.
 
22    Section 150. The Cannabis Control Act is amended by
23changing Sections 4, 5, 8, 9, and 16.1 as follows:
 
24    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)

 

 

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1    Sec. 4. It is unlawful for any person knowingly to possess
2cannabis. Any person who violates this section with respect to:
3        (a) not more than 2.5 grams of any substance containing
4    cannabis is guilty of a Class C misdemeanor;
5        (b) more than 2.5 grams but not more than 10 grams of
6    any substance containing cannabis is guilty of a Class B
7    misdemeanor;
8        (c) more than 10 grams but not more than 30 grams of
9    any substance containing cannabis is guilty of a Class A
10    misdemeanor; provided, that if any offense under this
11    subsection (c) is a subsequent offense, the offender shall
12    be guilty of a Class 4 felony;
13        (d) more than 30 grams but not more than 500 grams of
14    any substance containing cannabis is guilty of a Class 4
15    felony; provided that if any offense under this subsection
16    (d) is a subsequent offense, the offender shall be guilty
17    of a Class 3 felony;
18        (e) more than 500 grams but not more than 2,000 grams
19    of any substance containing cannabis is guilty of a Class 3
20    felony;
21        (f) more than 2,000 grams but not more than 5,000 grams
22    of any substance containing cannabis is guilty of a Class 2
23    felony;
24        (g) more than 5,000 grams of any substance containing
25    cannabis is guilty of a Class 1 felony; .
26        (h) if any offense is committed under subsection (a) or

 

 

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1    (b) and the defendant is a registered nonprofit medical
2    cannabis organization agent, the defendant is guilty of a
3    Class 4 felony;
4        (i) if any offense is committed under subsection (c)
5    and the defendant is a registered nonprofit medical
6    cannabis organization agent, the defendant is guilty of a
7    Class 3 felony;
8        (j) if any offense is committed under subsection (d)
9    and the defendant is a registered nonprofit medical
10    cannabis organization agent, the defendant is guilty of a
11    Class 2 felony;
12        (k) if any offense is committed under subsection (e)
13    and the defendant is a registered nonprofit medical
14    cannabis organization agent, the defendant is guilty of a
15    Class 1 felony;
16        (l) if any offense is committed under subsection (f)
17    and the defendant is a registered nonprofit medical
18    cannabis organization agent, the defendant is guilty of a
19    Class X felony; or
20        (m) if any offense is committed under subsection (g)
21    and the defendant is a registered nonprofit medical
22    cannabis organization agent, the defendant is guilty of a
23    Class X felony extended term.
24(Source: P.A. 90-397, eff. 8-15-97.)
 
25    (720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)

 

 

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1    Sec. 5. It is unlawful for any person knowingly to
2manufacture, deliver, or possess with intent to deliver, or
3manufacture, cannabis. Any person who violates this section
4with respect to:
5    (a) not more than 2.5 grams of any substance containing
6cannabis is guilty of a Class B misdemeanor;
7    (b) more than 2.5 grams but not more than 10 grams of any
8substance containing cannabis is guilty of a Class A
9misdemeanor;
10    (c) more than 10 grams but not more than 30 grams of any
11substance containing cannabis is guilty of a Class 4 felony;
12    (d) more than 30 grams but not more than 500 grams of any
13substance containing cannabis is guilty of a Class 3 felony for
14which a fine not to exceed $50,000 may be imposed;
15    (e) more than 500 grams but not more than 2,000 grams of
16any substance containing cannabis is guilty of a Class 2 felony
17for which a fine not to exceed $100,000 may be imposed;
18    (f) more than 2,000 grams but not more than 5,000 grams of
19any substance containing cannabis is guilty of a Class 1 felony
20for which a fine not to exceed $150,000 may be imposed;
21    (g) more than 5,000 grams of any substance containing
22cannabis is guilty of a Class X felony for which a fine not to
23exceed $200,000 may be imposed; .
24    (h) if any offense is committed under subsections (a), (b)
25or (c) and the defendant is a registered nonprofit medical
26cannabis organization agent, the defendant is guilty of a Class

 

 

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13 felony;
2    (i) if any offense is committed under subsection (d) and
3the defendant is a registered nonprofit medical cannabis
4organization agent, the defendant is guilty of a Class 2
5felony;
6    (j) if any offense is committed under subsection (e) and
7the defendant is a registered nonprofit medical cannabis
8organization agent, the defendant is guilty of a Class 1
9felony;
10    (k) if any offense is committed under subsection (f) and
11the defendant is a registered nonprofit medical cannabis
12organization agent, the defendant is guilty of a Class X
13felony; or
14    (l) if any offense is committed under subsection (g) and
15the defendant is a registered nonprofit medical cannabis
16organization agent, the defendant is guilty of a Class X with
17an extended term.
18(Source: P.A. 90-397, eff. 8-15-97.)
 
19    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
20    Sec. 8. It is unlawful for any person knowingly to produce
21the cannabis sativa plant or to possess such plants unless
22production or possession has been authorized pursuant to the
23provisions of Section 11 of the Act. Any person who violates
24this Section with respect to production or possession of:
25    (a) Not more than 5 plants is guilty of a Class A

 

 

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1misdemeanor.
2    (b) More than 5, but not more than 20 plants, is guilty of
3a Class 4 felony.
4    (c) More than 20, but not more than 50 plants, is guilty of
5a Class 3 felony.
6    (d) More than 50, but not more than 200 plants, is guilty
7of a Class 2 felony for which a fine not to exceed $100,000 may
8be imposed and for which liability for the cost of conducting
9the investigation and eradicating such plants may be assessed.
10Compensation for expenses incurred in the enforcement of this
11provision shall be transmitted to and deposited in the
12treasurer's office at the level of government represented by
13the Illinois law enforcement agency whose officers or employees
14conducted the investigation or caused the arrest or arrests
15leading to the prosecution, to be subsequently made available
16to that law enforcement agency as expendable receipts for use
17in the enforcement of laws regulating controlled substances and
18cannabis. If such seizure was made by a combination of law
19enforcement personnel representing different levels of
20government, the court levying the assessment shall determine
21the allocation of such assessment. The proceeds of assessment
22awarded to the State treasury shall be deposited in a special
23fund known as the Drug Traffic Prevention Fund.
24    (e) More than 200 plants is guilty of a Class 1 felony for
25which a fine not to exceed $100,000 may be imposed and for
26which liability for the cost of conducting the investigation

 

 

09700HB0030ham002- 89 -LRB097 03078 RLC 54424 a

1and eradicating such plants may be assessed. Compensation for
2expenses incurred in the enforcement of this provision shall be
3transmitted to and deposited in the treasurer's office at the
4level of government represented by the Illinois law enforcement
5agency whose officers or employees conducted the investigation
6or caused the arrest or arrests leading to the prosecution, to
7be subsequently made available to that law enforcement agency
8as expendable receipts for use in the enforcement of laws
9regulating controlled substances and cannabis. If such seizure
10was made by a combination of law enforcement personnel
11representing different levels of government, the court levying
12the assessment shall determine the allocation of such
13assessment. The proceeds of assessment awarded to the State
14treasury shall be deposited in a special fund known as the Drug
15Traffic Prevention Fund.
16(Source: P.A. 95-247, eff. 1-1-08.)
 
17    (720 ILCS 550/9)  (from Ch. 56 1/2, par. 709)
18    Sec. 9. (a) Any person who engages in a calculated criminal
19cannabis conspiracy, as defined in subsection (b), is guilty of
20a Class 3 felony, and fined not more than $200,000 and shall be
21subject to the forfeitures prescribed in subsection (c); except
22that, if any person engages in such offense after one or more
23prior convictions under this Section, Section 4 (d), Section 5
24(d), Section 8 (d) or any law of the United States or of any
25State relating to cannabis, or controlled substances as defined

 

 

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1in the Illinois Controlled Substances Act, in addition to the
2fine and forfeiture authorized above, he shall be guilty of a
3Class 1 felony for which an offender may not be sentenced to
4death; if any offense is committed under this Section and the
5defendant is a registered nonprofit medical cannabis
6organization agent, the defendant is guilty of a Class X
7felony.
8    (b) For purposes of this section, a person engages in a
9calculated criminal cannabis conspiracy when:
10    (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 (c) or
118 (d) of this Act; and
12    (2) such violation is a part of a conspiracy undertaken or
13carried on with 2 or more other persons; and
14    (3) he obtains anything of value greater than $500 from, or
15organizes, directs or finances such violation or conspiracy.
16    (c) Any person who is convicted under this Section of
17engaging in a calculated criminal cannabis conspiracy shall
18forfeit to the State of Illinois:
19    (1) the receipts obtained by him in such conspiracy; and
20    (2) any of his interests in, claims against, receipts from,
21or property or rights of any kind affording a source of
22influence over, such conspiracy.
23    (d) The circuit court may enter such injunctions,
24restraining orders, directions, or prohibitions, or take such
25other actions, including the acceptance of satisfactory
26performance bonds, in connection with any property, claim,

 

 

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1receipt, right or other interest subject to forfeiture under
2this Section, as it deems proper.
3(Source: P.A. 84-1233.)
 
4    (720 ILCS 550/16.1)  (from Ch. 56 1/2, par. 716.1)
5    Sec. 16.1. In any prosecution for any violation of this
6Act, it shall be an affirmative defense that the substance
7possessed by the defendant was regulated as a controlled
8substance under the Illinois Controlled Substances Act or
9pursuant to the Compassionate Use of Medical Cannabis Pilot
10Program Act. In order to raise this affirmative defense, the
11defendant shall give notice thereof to the State not less than
127 days prior to trial.
13(Source: P.A. 84-1313; 84-1362.)
 
14    (720 ILCS 550/11 rep.)
15    (720 ILCS 550/15 rep.)
16    Section 155. The Cannabis Control Act is amended by
17repealing Sections 11 and 15.
 
18    Section 160. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.".